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

Ms. Anjali recently got engaged to Mr. Sameer and was looking forward to starting a new chapter in her life. However, her past relationship with Mr. Vikram, which was marked by toxicity and abuse, continues to cast a dark shadow. Upon learning of her engagement, Vikram began a relentless campaign of harassment and blackmail against Anjali.

He managed to gain unauthorized access to her social media accounts, using them to manipulate and threaten her, although she and Sameer have since regained control. Vikram’s harassment has now escalated to him contacting Anjali’s family members, including her mother and sister in their hometown of Chandpur, creating immense pressure and distress. Despite Anjali’s clear communication that she has moved on and wants no contact, Vikram refuses to accept the reality of the situation. He has now started making baseless accusations against Sameer, claiming that Sameer is blackmailing Anjali to stay away from him. Anjali is emotionally drained and wishes to avoid any further confrontation, but Sameer is deeply worried for her safety, especially given Vikram’s history of physical violence against her.

Advice in such cases

• Preserve all evidence meticulously. Take screenshots of all messages, emails, call logs, and social media posts. If he sends threats, save them immediately before he can delete them.
• Cease all communication. Block his number and profiles on all social media platforms. Any response, even a negative one, can encourage the harasser.
• Inform trusted friends and family about the situation so they are aware and can provide support. Also, warn them not to engage with the harasser if he tries to contact them.
• 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

Under the new Indian laws, several provisions can be invoked in such a scenario:

• Section 77 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with stalking. Vikram’s repeated attempts to contact Anjali despite her clear indication of disinterest, both online and offline, fall squarely under this provision.
• Section 351 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section pertains to criminal intimidation. Vikram’s threats and blackmail attempts to cause alarm and distress to Anjali are punishable under this section.
• Section 345 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section addresses extortion. If Vikram is demanding anything from Anjali by putting her in fear of injury, this section would apply.
• Sections 115-123 of the Bharatiya Nyaya Sanhita, 2023 (BNS): These sections deal with causing hurt and grievous hurt. The history of physical violence can be brought on record as part of the complaint to establish the abusive nature of the accused.
• Information Technology Act, 2000: Sections related to identity theft (Section 66C) and violation of privacy (Section 66E) can be invoked for the unauthorized access and misuse of her social media accounts.

If you are the complainant

If you are in Sameer’s position, your primary role is to support the victim, Anjali.

• Encourage and support her in taking legal action. Assure her that she is not alone.
• Help her in documenting and organizing all the evidence of harassment.
• If Vikram is directly threatening you, you can also file a separate complaint for criminal intimidation.
• Be a witness. Your testimony about the harassment and its impact on Anjali can be crucial.
• 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

If you are the victim

If you are in Anjali’s position, your safety and mental peace are paramount.

• File an FIR (First Information Report) at the nearest police station. You can also file a complaint online through the National Cyber Crime Reporting Portal for online harassment.
• Clearly state all the instances of harassment, stalking, blackmail, and past physical abuse in your complaint. Provide all the evidence you have collected.
• You can request the police to issue a warning to the accused to cease all contact.
• Consider seeking a restraining order from the court, which would legally prohibit him from contacting or approaching you.
• 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

The police are obligated to register an FIR when a cognizable offence is reported, especially when the complainant is a woman. They should take complaints of stalking, harassment, and intimidation seriously. They will record your statement, collect the evidence, and initiate an investigation. If the local police are uncooperative, you can approach a senior officer like the Superintendent of Police (SP) or file a private complaint before the Magistrate under Section 177(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

FAQs people normally have

• Can I file a case if the threats are only online?
  Yes, online harassment, stalking, and intimidation are serious offences. The evidence is digital (screenshots, etc.), and complaints can be filed at a local police station or on the cybercrime portal.
• What if he stops contacting me but harasses my family?
  This is still a form of indirect harassment and stalking aimed at you. This should be included in your police complaint as it shows his persistent intent to cause distress.
• Will I have to see him in court?
  It is possible during the trial phase. However, your lawyer will guide you through the process, and measures can be taken to ensure your safety and comfort during court proceedings.

What evidence is required?

Strong evidence is key to a successful prosecution. You should collect:

• Screenshots of all threatening or harassing messages, comments, and emails.
• Call recordings of any threatening conversations (admissibility may vary, but it’s good to have).
• Call logs showing repeated, unwanted calls.
• Testimonies from witnesses, such as family members or friends who have been contacted by the harasser or have witnessed the harassment.
• Any medical reports or photographs related to past instances of physical violence.

How long will the investigation take?

The duration of a police investigation can vary significantly. It depends on the complexity of the case, the amount of digital evidence to be analyzed, and the workload of the investigating agency. The Bharatiya Nagarik Suraksha Sanhita (BNSS) has introduced timelines to expedite the process, but practical delays can still occur. A good lawyer can help in following up with the police to ensure the investigation proceeds in a timely manner.

Advocate Sudhir Rao, Supreme Court of India