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

Ms. Ananya, a 19-year-old college student from the city of Jayanagar, found herself in a deeply distressing situation after ending a two-year-long tumultuous relationship with Mr. Sameer. The relationship had been fraught with emotional abuse and public humiliation. Upon breaking up, Mr. Sameer resorted to manipulative tactics, including threatening self-harm and blaming her for it. The harassment escalated dramatically when he fabricated stories about Ananya stalking him and conveyed these lies to his family. Consequently, his relatives contacted Ananya’s parents, spreading distorted and false information, which created severe turmoil in her family life. The ordeal reached a breaking point when Mr. Sameer began threatening to release private, intimate images of Ananya that he had promised to delete. He used these threats to blackmail her, demanding an apology while threatening to ruin her life and reputation. This relentless campaign of intimidation and blackmail left Ananya feeling isolated, terrified, and emotionally shattered.

Advice in such cases

If you find yourself in a similar situation, it is crucial to act swiftly and strategically. Do not panic. Your safety and well-being are the top priorities. The first step is to cease all communication with the perpetrator. Do not respond to their calls, messages, or attempts at contact. Preserve all evidence meticulously. Take screenshots of threatening messages, chats, emails, and call logs. If possible, record any threatening phone calls. This evidence is vital for legal action. Secure all your social media and email accounts by changing passwords and enabling two-factor authentication. Confide in a trusted friend or family member for emotional support. Most importantly, seek immediate legal advice to understand your rights and the best course of action.

Applicable Sections of Law

Indian law provides strong protection for victims in such cases, especially under the new Bharatiya Nyaya Sanhita (BNS) and the Information Technology Act.

• Section 85 of the Bharatiya Nyaya Sanhita, 2023 (Sexual Harassment): This section criminalizes the act of distributing sexually explicit material without the consent of the person depicted. Sharing or threatening to share private images falls directly under this provision.
• Section 73 of the Bharatiya Nyaya Sanhita, 2023 (Stalking): The repeated and unwanted contact, monitoring, and threats by the ex-partner constitute stalking, which is a punishable offense.
• Section 351 of the Bharatiya Nyaya Sanhita, 2023 (Criminal Intimidation): Threatening to injure a person’s reputation or property to cause alarm is criminal intimidation. Threatening to leak private photos to destroy someone’s life is a clear case of this offense.
• Section 66E of the Information Technology Act, 2000 (Violation of Privacy): This section punishes anyone who intentionally captures, publishes, or transmits the image of a private area of any person without their consent, violating their privacy.
• Sections 67 and 67A of the Information Technology Act, 2000: These sections deal with the punishment for publishing or transmitting obscene or sexually explicit material in electronic form.

If you are the complainant

As the complainant, your role is to initiate the legal process. The first step is to file a First Information Report (FIR) at the nearest police station. It is often advisable to approach the Cyber Crime Cell, as they are specially equipped to handle such cases. Draft a detailed written complaint mentioning the entire sequence of events, the nature of the threats, and the emotional distress caused. Attach all the evidence you have collected, such as screenshots, call recordings, and contact details of the accused. Ensure that the police register the FIR under all the relevant sections of the BNS and the IT Act. Once the FIR is filed, the police are legally bound to investigate the matter.

If you are the victim

Your immediate priority is your mental and physical safety. It is understandable to feel scared and overwhelmed, but remember that you are the victim and the law is on your side. Do not blame yourself for what has happened. Block the perpetrator on all platforms and avoid any engagement. Surround yourself with a strong support system of friends and family who believe and support you. Seeking professional counseling can also be extremely helpful in processing the trauma.

• Consult with Lawyer: The very basic and important step to start is to talk to a lawyer/advocate. You should not hesitate in paying his consultation fee i.e. might be in the range of Rs. 10,000 to 50,000, depending on the case. He is helping you in this situation to come out. He is an 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 in 7-10 days.

How the police behave in such cases

Upon receiving a complaint, the police are mandated to take immediate action, especially in cases involving crimes against women. They will register an FIR and begin the investigation. The process typically involves summoning the accused for questioning and seizing their electronic devices (mobile phone, laptop, etc.) for forensic analysis to retrieve the images and communication records. While the sensitivity and efficiency of police officers can vary, the law is clear, and a competent lawyer can ensure that the police perform their duties correctly and without delay. The identity of the victim is kept confidential in such cases.

FAQs people normally have

What evidence is required?

Strong evidence is key to building a successful case. The most crucial pieces of evidence include:

• Screenshots of all threatening messages, social media posts, and chat histories.
• Call recordings of any threatening conversations.
• Emails or any other form of electronic communication containing threats or blackmail.
• The contact details of the accused.
• If the images have been shared, any links or screenshots of where they were posted.
• Testimony of any witnesses (like friends or family) who were aware of the harassment.

How long will the investigation take?

The duration of a police investigation can vary significantly depending on the complexity of the case. Collecting and analyzing digital evidence from seized devices can be time-consuming. However, in cases of online harassment and blackmail, the police and courts are often urged to act expeditiously. A straightforward case with clear evidence might see significant progress within a few weeks to a couple of months. The entire legal process, from investigation to trial, can take longer, but initial protective measures and the arrest of the accused can happen relatively quickly.

Advocate Sudhir Rao, Supreme Court of India