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

Ms. Anika, a resident of the city of Navipur, found herself the target of severe online abuse from an individual named Mr. Varun. The harassment occurred on a popular social media platform, and Mr. Varun used derogatory and threatening language. Anika, though distressed, managed to take detailed screenshots of all the abusive messages and the user’s profile. However, due to personal circumstances and apprehension, she did not immediately report the matter to the police. Now, almost two years later, she is contemplating legal action and wonders if it is too late to file a First Information Report (FIR) against Mr. Varun.

Advice in such cases

The primary concern in such situations is the legal time limit, or the “period of limitation,” for initiating criminal proceedings. Under Indian law, you cannot file a case for every crime at any time you wish. The law prescribes specific deadlines to ensure timely justice and prevent the indefinite threat of prosecution. Delay in reporting can sometimes weaken a case, but it does not automatically disqualify it, especially if the delay can be reasonably explained.

Applicable Sections of Law

Online abuse can attract several provisions of Indian law. The primary statutes to consider are the Bharatiya Nyaya Sanhita (BNS), 2023, and the Information Technology Act, 2000.

• Section 351 of the BNS, 2023 (Criminal Intimidation): If the abuse includes threats to cause harm to person, reputation, or property. The punishment can be imprisonment for up to two years, a fine, or both.
• Section 356 of the BNS, 2023 (Defamation): If the online posts are meant to harm your reputation. This is punishable with simple imprisonment for up to two years, a fine, or both.
• Section 79 of the BNS, 2023 (Word, gesture or act intended to insult the modesty of a woman): If the abuse is directed at a woman and is intended to insult her modesty. This is punishable with imprisonment for up to three years and a fine.
• Sections 67 and 67A of the Information Technology Act, 2000: These sections deal with publishing or transmitting obscene or sexually explicit material in electronic form and carry stringent punishments.

If you are the complainant

If you decide to proceed with legal action after a delay, you must be prepared to justify why you could not file the complaint earlier. Here are the steps to follow:

• Preserve all Evidence: Keep the screenshots, URLs, and any other digital records safe. Do not delete the original messages if they are still accessible. Note down the date, time, and platform where the abuse occurred.
• Draft a Complaint: Write a detailed complaint addressed to the police, explaining the entire incident and the reason for the delay in reporting.
• 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.
• Approach the Police: You can file a complaint at the local police station or the Cyber Crime Cell. If the police refuse to register an FIR, you can send your complaint to a senior police officer or file a private complaint before the Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

If you are the victim

As a victim of online abuse, your immediate priority is your safety and the preservation of evidence. Even if you are not immediately ready to file a complaint, take steps to document the incident thoroughly. Keep a record of the abuser’s profile, the abusive content, and any witnesses. This documentation will be invaluable if you decide to pursue legal action later. It is crucial to understand that the law provides a window of opportunity to seek justice, and acting within this timeframe is always advisable.

How the police behave in such cases

Police response to complaints of online abuse, especially delayed ones, can vary. Some officers may be hesitant to register an FIR, citing the delay. They might question the credibility of the complaint. However, with the increasing focus on cybercrime, specialized Cyber Crime Cells are generally more receptive. If you face reluctance at a local police station, approaching the Cyber Cell in your city or escalating the matter to a higher-ranking officer, like the Superintendent of Police, is a viable option. A well-drafted complaint that clearly explains the incident and the reasons for the delay can significantly improve your chances of having an FIR registered.

FAQs people normally have

Can I file an FIR after 2-3 years?

It depends on the punishment prescribed for the offence. As per Section 510 of the BNSS, 2023, the limitation period is:

• One year for offences punishable with imprisonment up to one year.
• Three years for offences punishable with imprisonment for a term exceeding one year but not exceeding three years.

Since most online abuse cases like criminal intimidation or insulting a woman’s modesty are punishable with imprisonment of up to two or three years, the limitation period is three years. Therefore, filing a case after two years is legally permissible, but filing it after three years would require the court to “condone the delay” upon being satisfied with your explanation.

What evidence is required?

Strong evidence is key to a successful prosecution. You will need:

• Screenshots of the abusive messages, comments, or posts.
• The URL of the abusive profile and the specific posts.
• Details of the platform (e.g., Facebook, Instagram, X).
• Any information you have about the abuser.
• Digital records from the platform, if obtainable.

How long will the investigation take?

The duration of a police investigation can vary widely. For online cases, it involves tracing IP addresses and coordinating with social media companies, which can be time-consuming. A simple case might be resolved in a few months, while more complex ones can take longer. Your lawyer can help in following up with the police to ensure the investigation proceeds without undue delay.

Advocate Sudhir Rao, Supreme Court of India