If you are stuck in such a situation, here is what to do.

Mr. Alok, a resident of Nagpur, was recently browsing an online social platform called ‘FriendLink’. During a conversation in a public chatroom, another user, going by the screen name ‘Raptor_X’, privately messaged him. ‘Raptor_X’ claimed to possess and be willing to sell highly illegal and obscene content, providing a private messaging app ID to continue the transaction. Mr. Alok was alarmed and immediately disconnected. He wanted to report this criminal activity but was apprehensive about getting involved in a complicated legal process or being mistakenly implicated. He was unsure of the correct and safe way to report the user without facing legal repercussions himself.

Advice in such cases

Encountering illegal activities online can be distressing. It is crucial to act responsibly and lawfully. Here are the steps you should take:

• Do Not Engage: Cease all communication with the individual immediately. Do not show curiosity, negotiate, or ask for samples, as this could be misconstrued as interest.
• Preserve Evidence: Take screenshots of the conversation, the user’s profile, their user ID, and any other relevant information. This digital evidence is vital for a successful investigation. Do not delete the chat.
• Report Immediately: Time is of the essence. The user could delete their account or the evidence. Reporting the incident promptly to the appropriate authorities is your primary civic duty.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think. A legal expert can guide you on how to frame your complaint to ensure you are positioned as a responsible informant and not a party to the crime.

Applicable Sections of Law

Several Indian laws address the creation, distribution, and possession of obscene and illegal material online. The primary statutes include:

• The Information Technology Act, 2000: This is the principal legislation for cybercrimes in India.
  • Section 67: Punishes the publication or transmission of obscene material in electronic form.
  • Section 67A: Deals with the more serious offense of publishing or transmitting material containing sexually explicit acts.
  • Section 67B: Specifically criminalizes the creation, transmission, and possession of Child Sexual Abuse Material (CSAM), with very stringent punishments.
• The Protection of Children from Sexual Offences (POCSO) Act, 2012: If the content involves minors, the stringent provisions of the POCSO Act apply, which has severe penalties for using children for pornographic purposes.
• The Bharatiya Nyaya Sanhita (BNS), 2023: The BNS, which replaces the Indian Penal Code, also contains provisions against obscenity and acts that outrage the modesty of women, which can be applied in conjunction with the IT Act.

If you are the complainant

If you are the one reporting the crime, your role is that of a responsible citizen and a witness. Here is how you should proceed:

• Compile Evidence: Neatly organize all the screenshots, user IDs, and any other details you have collected.
• File a Complaint: You can file a complaint online through the National Cyber Crime Reporting Portal (www.cybercrime.gov.in). This is an efficient way to report the matter to the correct jurisdiction. Alternatively, you can approach the Cyber Crime Cell in your city.
• Provide a Clear Statement: Clearly state the facts of how you encountered the illegal offer. Be truthful and precise in your complaint.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think. Your lawyer will help you draft a legally sound complaint that protects your interests and ensures the authorities take the matter seriously.

If you are the victim

If you are a victim, for instance, if someone is threatening to release your private images or is blackmailing you, the situation is even more critical.

• Do Not Panic or Give In: Never pay any money or concede to the demands of the criminal. Doing so often leads to further exploitation.
• Report Immediately: Your safety is paramount. Report the matter to the police or the cybercrime portal without delay. The law provides protection to victims of such crimes.
• Preserve All Communication: Keep a record of all threats, demands, and conversations. This is crucial evidence against the perpetrator.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think. An advocate is essential for a victim. They will ensure your complaint is handled with the required sensitivity, help you understand your rights, and represent you throughout the legal process, protecting you from further harassment.

How the police behave in such cases

Cyber Crime departments are specially trained to handle such sensitive cases. Generally, you can expect the following:

• Professionalism and Confidentiality: The police are obligated to protect the identity of the complainant, especially in cases involving obscene material or sexual offenses.
• Technical Investigation: They will initiate a technical investigation to trace the accused using the digital evidence you provide, such as the user ID, IP address, and other metadata.
• Registration of FIR: Based on the preliminary inquiry and the evidence, they will register a First Information Report (FIR) under the appropriate sections of the law.
• Collaboration with Intermediaries: The police will work with the social media companies and internet service providers to gather information about the accused’s account and location.

FAQs people normally have

• Will I get into legal trouble for reporting this?
  No. As long as you have not solicited, purchased, viewed, or distributed the illegal material, you are a witness reporting a crime. The law protects and encourages citizens who report criminal activity.
• Is it possible to trace someone from just a messaging app ID?
  Yes. Law enforcement agencies have sophisticated tools and established procedures to work with tech companies to trace individuals from their digital footprints, including usernames and app IDs.
• Can I report this anonymously?
  The National Cyber Crime Reporting Portal has an option for “Report Anonymously,” particularly for offenses against women and children. However, for a formal investigation leading to prosecution, your statement as a witness is required, though your identity will be kept confidential by law.

What evidence is required?

The strength of a cybercrime case depends heavily on the quality of digital evidence. You should provide:

• Screenshots of the entire conversation.
• The profile URL, username, or unique ID of the perpetrator.
• The name of the website, app, or platform where the incident occurred.
• Any links, email addresses, or phone numbers shared by the perpetrator.
• Approximate date and time of the incident.

How long will the investigation take?

The duration of a cybercrime investigation can vary significantly. Simple cases might be resolved in a few weeks, while complex ones involving multiple jurisdictions or uncooperative international platforms can take several months or longer. Factors include the digital trail left by the criminal, the responsiveness of the online platforms, and the technical complexities of tracing the individual.

Advocate Sudhir Rao, Supreme Court of India