One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
A parent from Indore came to us in late March 2025, visibly shaken. Her daughter, a Class 12 student at a multi-branch defence school, had become a victim of something deeply disturbing. A private boys' group chat from the school's Nagpur branch had been leaked by an anonymous source. What it contained was not just offensive language. It was organised, deliberate, and criminal.
The boys, all around 16 to 17 years of age and mostly students who had been held back from Class 11, had compiled lists of girls from across the school's branches. They'd downloaded photographs from the girls' Instagram profiles, used AI tools to generate explicit deepfake videos, and were selling those videos online for money. IP tracking by a tech-savvy student ultimately identified five individuals involved. One of them had been a close friend of the client's daughter, someone she had trusted for years.
The school administration, once informed, stalled. There were murmurs about "protecting the boys' futures." The family first approached a local general practitioner advocate in Indore who filed a basic written complaint with the local police station. Nothing happened. It was only after they reached out to Advocate Sudhir Rao, who regularly handles cyber crime and digital rights matters, that the legal strategy changed. A structured complaint was filed citing specific provisions under the Information Technology Act and the Bharatiya Nyaya Sanhita, accompanied by preserved digital evidence and an application under Section 173(4) BNSS to the Superintendent of Police. The matter then moved decisively. Proceedings were initiated, and the school was put on formal notice of its liability in suppressing the complaint.
Advice in Such Cases
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 to 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.
Preserve all digital evidence immediately: Screenshots of the group chat, the leaked content, IP tracking results, and any social media posts must be preserved with timestamps before anything is deleted. Don't wait. Evidence in cyber matters can vanish within hours.
File a complaint with the Cyber Crime Portal: Visit cybercrime.gov.in and file a complaint under the "Report Women/Child Related Crime" category. This creates a national record and triggers a response from the Cyber Crime Cell even if the local police are unresponsive. And here's the thing — that reference number you get matters, so write it down and keep it safe.
Domain-specific experience matters here: Cases involving AI-generated non-consensual intimate images, digital evidence preservation, and juvenile offenders involve procedural and evidentiary layers that a general practitioner won't always be fully familiar with. An advocate who regularly handles cyber crime and child protection matters is far better placed to handle the IT Act provisions, coordinate with Cyber Cells, and address the juvenile justice angle at the same time. Frankly, this isn't the situation to experiment with.
Applicable Sections of Law
- Section 67B, Information Technology Act, 2000: Punishes publishing or transmitting material depicting children in sexually explicit acts in electronic form. Directly applicable where victims are minors.
- Section 78, Bharatiya Nyaya Sanhita (BNS): Covers stalking, including repeated monitoring of a woman's digital presence and use of her images without consent.
- Section 79, BNS: Addresses voyeurism, including capturing or circulating images of a private nature without the woman's consent.
- Section 294, BNS: Punishes obscene acts and dissemination of obscene material, applicable to the sale and distribution of the AI-generated deepfake content.
- Section 67, Information Technology Act, 2000: Publishing obscene material in electronic form, carrying significant custodial punishment.
- Juvenile Justice (Care and Protection of Children) Act, 2015: Governs the process where accused persons are below 18 years of age — matters are referred to the Juvenile Justice Board, not Sessions Court.
Punishment and Penalties
- Section 67B, IT Act: First conviction — imprisonment up to 5 years and fine up to Rs. 10 lakh. Second or subsequent conviction — imprisonment up to 7 years and fine up to Rs. 10 lakh.
- Section 67, IT Act: Imprisonment up to 3 years and fine up to Rs. 5 lakh on first conviction.
- Section 79, BNS: Imprisonment up to 3 years and fine for first offence; up to 7 years and fine on repeat offence.
- Cognizable and non-bailable under Section 67B IT Act.
- Non-compoundable — the offence cannot be settled privately between parties.
- Where accused are juveniles, the Juvenile Justice Board determines consequences under the JJ Act, which prioritises reformation but can refer those aged 16-18 to Children's Court for heinous offences.
Jurisdiction — Where to File the Case
For cyber crimes involving non-consensual intimate imagery and deepfake pornography, the complaint may be filed at the Cyber Crime Police Station having jurisdiction over the place where the victim resides, or where the content was uploaded or accessed. Both Indore (victim's residence) and Nagpur (where the accused are located and where the group chat originated) provide valid territorial jurisdiction options in this case. The matter involving juveniles will be referred to the Juvenile Justice Board of the respective district. The Magistrate's Court at the victim's location also has jurisdiction to entertain a private complaint under Section 175(3) BNSS if the police decline to register an FIR. Now, before you act, understand this: choosing the right jurisdiction is a strategic decision, not just a procedural one. Your lawyer needs to think it through carefully.
What if Police Refuse to File FIR?
Police inaction in school-related cyber crime cases, especially where juveniles are involved, is unfortunately common. Here's what to do:
- Write a formal complaint to the Superintendent of Police (SP) of the district under Section 173(4) BNSS, clearly setting out the refusal and attaching all evidence.
- File a private complaint directly before the Judicial Magistrate of First Class (JMFC) under Section 175(3) BNSS. The Magistrate can direct the police to investigate.
- File a complaint on the National Cyber Crime Reporting Portal at cybercrime.gov.in, which independently triggers the Cyber Crime Cell.
- If all else fails, approach the High Court under Article 226 of the Constitution seeking a writ of mandamus directing the police to register the FIR. This is a last resort but an effective one.
Rights of the Accused
Even where the acts are heinous, the accused retain fundamental rights. Knowing these rights prevents procedural errors that could derail the case.
- Right against self-incrimination under Article 20(3) of the Constitution — no accused can be compelled to be a witness against themselves.
- Right to legal representation under Article 22 — every accused has the right to consult and be defended by an advocate of their choice from the moment of arrest.
- Right to be produced before a Magistrate within 24 hours of arrest under Article 22(2) and Section 58 BNSS.
- Right to receive a copy of the FIR and to be informed of the grounds of arrest.
- Juvenile accused have additional protections — they cannot be kept in a regular lock-up and must be produced before the Juvenile Justice Board, not a regular Magistrate.
Bail Provisions
Section 67B of the IT Act is cognizable and non-bailable. That means the police can arrest without a warrant and bail isn't a matter of right. For adult accused, regular bail may be sought under Section 480 BNSS before the Magistrate, and anticipatory bail under Section 482 BNSS before the Sessions Court or High Court. Bail conditions typically include surrender of electronic devices, no contact with victims, and no tampering with evidence. For juvenile accused, the Juvenile Justice Board has the power to release them on bail or place them in an observation home pending inquiry. The victim's advocate should oppose bail actively and bring the severity of the offence to the Board's attention. Don't leave that hearing uncontested.
Quashing of FIR / Case
Accused persons or their families sometimes approach the High Court to quash the FIR under Section 528 BNSS, which preserves the High Court's inherent power to prevent abuse of process. In cases involving deepfake pornography and child sexual abuse material (CSAM), quashing is extremely difficult. The Supreme Court in State of Haryana v. Bhajan Lal, 1992 laid down the limited grounds for quashing, and a clear, document-backed FIR involving specific offences under Section 67B IT Act would not ordinarily meet those grounds. If a quashing petition is filed against your FIR, the victim must file a strong reply through counsel. The offence being non-compoundable also significantly limits quashing on the ground of compromise. And here's why that matters practically — some families of accused students try to approach victims directly for a "settlement." That approach won't work here, and any such contact should itself be reported to the court.
If You Are the Victim
- Do not delete, modify, or forward any of the leaked content — preserve it as-is and hand it over to your advocate or directly to the Cyber Crime Cell as primary evidence.
- Take screenshots of every piece of content, chat, and post with visible timestamps, URLs, and usernames before anything is taken down.
- File a complaint on cybercrime.gov.in immediately, under the "Women/Child Related Crime" section, and note your complaint reference number.
- Report the deepfake content to the platform (Instagram, Telegram, etc.) for takedown, and simultaneously send a legal notice through your advocate demanding immediate removal.
- Seek a psychological support resource — the trauma from this type of violation is real and documented. Courts also take victim impact into account during sentencing.
Documents You Must Keep Ready
- Aadhaar card and school identity card of the victim
- Screenshots of the leaked group chat with timestamps and sender identifiers
- Copies of the AI-generated content (stored securely, not circulated)
- IP tracking report or any technical analysis identifying the accused
- Printouts of the accused's social media profiles used to harvest images
- Written communication sent to school authorities and their response (or lack thereof)
- Cybercrime portal complaint acknowledgement
- Any witness statements from classmates or others who saw the chat
What Evidence Is Required?
- Digital evidence (primary): The group chat data, AI-generated videos, and any sale/transaction records on platforms where content was sold.
- IP address logs: The IP tracking result identifying the five accused — this is crucial forensic evidence and must be obtained in a legally admissible form through the Cyber Cell.
- Screenshots and metadata: Images downloaded from the girls' Instagram accounts, with metadata showing original source and date of download.
- Platform records: Records subpoenaed from the platform where content was sold, identifying account holders and transaction history.
- Witness testimony: Classmates who saw the chat, the person who leaked it, and any student who can confirm the accused's involvement.
- Expert witness: A digital forensics expert to authenticate the AI-generated nature of the content and trace its origin.
- School records: Attendance, transfer, and communication records establishing the accused's enrollment and the school's knowledge of the incident.
How the Police Behave in Such Cases
Cyber crime cells in Indian cities are improving, but unevenness remains. Local police stations often lack the technical training to handle deepfake or AI-generated CSAM cases and may initially resist registering an FIR, citing "it's a school matter." Where juveniles are accused, some officers wrongly assume no formal process is required. Make no mistake — Section 67B IT Act mandates a specific investigation process regardless of age, with the JJ Act governing the juvenile track in parallel. Expect friction at the first point of contact. A lawyer with experience in this space knows how to frame the complaint to compel registration and immediately escalate to the Cyber Crime Cell if the local station stalls.
Timeline of Legal Process
- Week 1-2: File FIR / cybercrime complaint, preserve digital evidence, serve notice on school.
- Week 2-4: Police/Cyber Cell registers case, begins technical investigation, seeks platform data through legal process.
- Month 1-3: IP confirmation, device seizure, arrest or summons of accused. Juvenile accused produced before JJ Board.
- Month 3-6: Chargesheet filed before competent authority (JJ Board for juveniles, Magistrate for adults if any).
- Month 6-12: Cognizance taken, framing of charges/inquiry order by JJ Board.
- Year 1-3: Trial / JJ Board inquiry, evidence recording, arguments.
- Final stage: Judgment / Board order, appeal if required before Sessions Court or High Court.
- School's suppression of complaint can independently attract civil and disciplinary consequences and should be pursued as a parallel track, not an afterthought.
Advocate Su