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

Ms. Anjali, a resident of the bustling city of Suryanagar, found herself in a distressing situation. A malicious individual had created a fake profile in her name on a popular but poorly regulated application called ‘ConnectSphere’. For several weeks, this fake account was actively sharing her personal phone number, name, and residential area with numerous unknown men on the platform. Consequently, Anjali began receiving a barrage of unsolicited and harassing calls, mostly late at night. Despite her and her friends repeatedly reporting the profile to the app’s support team, their pleas were met with inaction. The company claimed they could not trace the user due to their privacy policies. The situation is terrifying as the perpetrator clearly has access to her personal details and is using them with malicious intent, making it crucial to get the fake account taken down and identify the person responsible.

Advice in such cases

• Immediately start collecting evidence. Take clear screenshots of the fake profile, any posts or messages where personal information is shared, and the profile’s unique URL or ID.
• Document all harassing calls and messages. Note down the dates, times, and phone numbers. Do not delete anything.
• Formally report the profile to the ‘ConnectSphere’ app again, this time via email, creating a written record of your complaint and their response (or lack thereof).
• File a complaint with the cyber crime police. This can be done online through the National Cyber Crime Reporting Portal (www.cybercrime.gov.in) or by visiting the nearest cyber crime police station.
• 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

Applicable Sections of Law

Several laws can be invoked in such a scenario, primarily under the Information Technology Act, 2000, and the Bharatiya Nyaya Sanhita, 2023 (BNS).

• Section 66C of the IT Act, 2000 (Identity Theft): Punishes anyone who fraudulently uses the electronic signature, password, or any other unique identification feature of another person. Creating a fake profile with a real name and phone number falls squarely under this.
• Section 66D of the IT Act, 2000 (Cheating by Personation): This section applies when someone cheats by impersonating another person using a computer resource or communication device.
• Section 86 of the Bharatiya Nyaya Sanhita, 2023 (Stalking): If the act involves monitoring a woman’s online activity or repeatedly attempting to contact her to foster personal interaction despite clear indication of disinterest, it can be considered stalking. Doxxing and causing others to contact her could be interpreted as a form of electronic stalking.
• Section 79 of the Bharatiya Nyaya Sanhita, 2023 (Criminal Intimidation): If the calls or messages contain threats to cause alarm or harm to the victim’s person or reputation, this section can be applied.

If you are the complainant

If you are a friend or family member helping the victim, here is how you can proceed:

• Help the victim stay calm and organized. Assist in gathering and systematically saving all the evidence.
• Offer to accompany the victim to the police station to file a complaint, as this can be an intimidating process to face alone.
• 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
• Regularly follow up with the investigating officer on the progress of the case on behalf of the victim.

If you are the victim

• Your safety is the priority. Consider changing your phone number temporarily or using call-blocking features. Inform close family and friends about the situation.
• Preserve all evidence meticulously. Do not engage with the harassers or the person behind the fake profile, as it may escalate the situation.
• File a formal police complaint without delay. Provide the police with all the evidence you have collected.
• 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

How the police behave in such cases

Upon receiving a complaint, the cyber crime police will register a First Information Report (FIR). They will then issue a formal notice to the intermediary (the ‘ConnectSphere’ app) under the relevant provisions of the law, directing them to preserve the data associated with the fake account and furnish details like the IP address, login history, and device information used to create and operate the profile. The investigation then focuses on tracing this digital trail to identify the real-world location and identity of the accused.

FAQs people normally have

What evidence is required?

To build a strong case, you will need to provide the following:

• Screenshots of the fake profile clearly showing the name and other details.
• The URL or link to the fake profile.
• Screenshots of any posts, comments, or chats where your personal information was shared.
• A detailed log of the harassing calls and messages, including the numbers, dates, and times.
• Copies of your communication with the app’s support team.
• A valid government-issued ID proof to establish your identity.

How long will the investigation take?

The duration of a cybercrime investigation can vary significantly. It largely depends on how quickly the social media company or app provider responds to the police’s request for information. If the perpetrator has used sophisticated methods to hide their identity, such as using a VPN or public Wi-Fi, it can make tracing more complex and time-consuming. Generally, such cases can take anywhere from a few weeks to several months to investigate and reach a conclusion.

Advocate Sudhir Rao, Supreme Court of India