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

A young woman, Ms. Priya, found herself in a distressing situation. She discovered that a man named Mr. Rohan, from a different city, was systematically harassing numerous women and even minors online. His actions included sending unsolicited sexually explicit videos and images, attempting to engage in inappropriate conversations with minors, and threatening anyone who tried to block or reject him. He would often create a false persona, claiming connections with famous personalities to lure and manipulate his victims. To gain sympathy, he would sometimes falsely claim to be a victim of assault himself. His harassment was relentless, involving constant calls, texts, and baseless accusations, causing significant emotional distress. Ms. Priya, along with other affected individuals, managed to collect substantial proof, including chat screenshots, voice messages, and video evidence. One particularly disturbing piece of evidence suggested a victim might have been unconscious or drugged, raising severe concerns about non-consensual acts. After filing initial complaints on the National Cyber Crime Reporting Portal, Ms. Priya was seeking clarity on the further legal steps required to ensure Mr. Rohan is held accountable for his actions, especially considering the potential for serious charges under laws protecting women and children.

Advice in such cases

If you find yourself in a similar situation, either as a direct victim or as someone trying to help, it is crucial to act methodically and safely.

• Document Everything: Preserve all forms of evidence. Take screenshots of chats, profiles, and any explicit content sent. Record calls if legal in your jurisdiction and save all voice notes. Do not delete anything, even if the harasser does.
• Do Not Engage: Avoid getting into arguments or prolonged conversations with the harasser. Any engagement can potentially be twisted and used against you. Block them after you have saved all evidence.
• Report on Platforms: Use the reporting features on social media and messaging apps to report the user’s profile and content for harassment, nudity, or other policy violations.
• File a Formal Complaint: Lodge a complaint on the National Cyber Crime Reporting Portal (cybercrime.gov.in) or at your nearest police station, specifically with the Cyber Cell if available.
• 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

The described acts attract penalties under several Indian laws, including the new Bharatiya Nyaya Sanhita (BNS) and existing acts.

• Bharatiya Nyaya Sanhita, 2023 (BNS):
  • Section 74 (Stalking): Covers monitoring a woman’s online activity, contacting her repeatedly despite clear indication of disinterest, and is punishable with imprisonment.
  • Section 274 (Sale, etc., of obscene objects): Criminalizes the distribution and transmission of obscene material, which includes sending unsolicited sexual videos.
  • Section 351 (Criminal Intimidation): Applies to threats made to harm a person’s reputation or property to cause alarm.
  • Section 73 (Voyeurism): Punishes the act of capturing or sharing images of a woman in a private act without her consent.
• Information Technology Act, 2000:
  • Section 67: Punishes the publication or transmission of obscene material in electronic form.
  • Section 67A: Deals specifically with publishing or transmitting material containing sexually explicit acts in electronic form, carrying stricter penalties.
  • Section 66E: Pertains to the violation of privacy by capturing, publishing, or transmitting images of a person’s private areas without their consent.
• Protection of Children from Sexual Offences (POCSO) Act, 2012: If the harasser has been interacting with minors, this stringent law comes into play. Any form of sexual communication or harassment directed at a child can lead to severe punishment under the POCSO Act.

If you are the complainant

As the person initiating the legal action on behalf of victims:

• Organize Evidence: Create a clear, chronological file of all evidence. Label screenshots with dates, times, and context. This will be crucial for the police and the court.
• Draft a Clear Complaint: Write a detailed complaint outlining the entire sequence of events, the nature of the harassment, the number of victims known, and the details of the accused if available (phone number, profile links, etc.).
• Follow Up: After filing the complaint online or offline, obtain a receipt or FIR number. Regularly follow up with the investigating officer for updates on the case.
• 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 a direct victim of such harassment:

• Prioritize Your Safety: If you feel you are in immediate danger, inform a trusted family member or friend and contact the police helpline.
• Preserve Digital Footprints: Do not delete the chats or block the person before taking screenshots or recordings. This is your primary evidence.
• File an FIR: Go to the nearest police station to file a First Information Report (FIR). The police are obligated to register an FIR for such cognizable offenses. You can request that your identity be kept confidential.
• Seek Support: Dealing with such harassment is emotionally taxing. Seek support from trusted friends, family, or a mental health professional.
• 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

With the rise of cybercrime, police departments, especially in urban areas, have become more equipped to handle such cases. Typically, upon receiving a complaint, the Cyber Crime Cell will take charge. They will first register an FIR under the relevant sections of the law. The investigation involves tracing the digital identity of the accused through IP addresses, mobile numbers, and coordination with social media companies and telecom service providers. While some officers may still lack sensitivity, the law mandates them to act, especially in cases involving women and children. Be prepared for the process to take time due to the technical nature of the investigation.

FAQs people normally have

What evidence is required?

The more digital evidence you have, the stronger your case will be. Essential evidence includes:

• Screenshots of the harasser’s profile and messages.
• The URLs of the profiles used by the harasser.
• Call logs and recordings of any threatening calls.
• Voice notes and any videos or images sent by the harasser.
• Bank account details if any financial manipulation was involved.
• Details of any witnesses who have also been harassed.

How long will the investigation take?

The duration of a cybercrime investigation can vary significantly. It depends on factors like the complexity of the case, the digital anonymity of the accused, and the speed of response from intermediaries like social media platforms. Tracing an IP address or getting user details from a foreign-based company can be time-consuming. A straightforward case might be resolved in a few months, while more complex ones can take longer. Patience and persistent follow-up with the police are key.

Advocate Sudhir Rao, Supreme Court of India