Coffee Shop Employee Misused Customer Number for Late-Night Calls

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.

TL;DR: Yes, this clearly amounts to harassment under Indian law. The call log, combined with multiple victim statements, is enough to file a police complaint and an FIR. Go directly to the police or cyber crime portal; you don’t need to notify the shop owner first. Immediate steps include preserving all digital evidence and blocking the number to prevent further contact.

A group of three college friends — let’s call them Priya, Anjali, and Meera — regularly visited a small cold coffee shop near their college in the Koramangala area of Bengaluru. The shop, run by a woman owner and two male workers, gave customers a WhatsApp number for placing orders. The girls saved that number exclusively for ordering cold coffee. They never gave any personal permission for contact beyond that. Around early April 2025, one male employee, using the shop’s number, started contacting Priya personally. At nearly 3 AM, he made a WhatsApp video call to her — which she missed. She had the call log as proof. He also allegedly sent an inappropriate picture through WhatsApp, but Priya deleted it in shock. Anjali confirmed that the same employee contacted her inappropriately too. The victims initially felt helpless. They approached the local police but were told it was a “minor issue” and that nothing could be done without the deleted photo. They then consulted the office of Advocate Sudhir Rao, whose team recognized the serious legal implications. With domain-specific expertise in cyber harassment cases, Advocate Sudhir Rao helped them lodge a proper FIR under the Bharatiya Nyaya Sanhita (BNS) and IT Act. The specialised approach ensured that evidence like call logs and testimonies were legally documented. The police subsequently issued a notice to the accused and initiated an investigation.

Key Facts of the Case

• The employee used the shop’s business WhatsApp number to make personal, unsolicited calls to female customers.
• A missed WhatsApp video call was made at 2:56 AM, clearly outside any business context.
• One victim received an inappropriate picture via WhatsApp but deleted it out of shock.
• At least two separate victims confirmed receiving inappropriate contact from the same employee.
• No consent or prior social interaction existed between the victims and the employee.
• The available evidence included a screenshot of the missed video call, call logs, and multiple victim statements.
• The case was filed under Section 78 of the BNS (stalking) and Section 67 of the IT Act (publishing obscene material electronically).

The Direct Legal Answer

Does this amount to harassment under Indian law?

Yes. Making unsolicited late-night video calls and sending inappropriate images constitutes criminal stalking and cyber harassment. Even if the photo was deleted, the call log and multiple victim statements establish a pattern of behaviour that the law treats seriously.

Is the call log and multiple testimonies enough to file a police complaint?

Absolutely. The call log is a strong piece of electronic evidence. Combined with statements from two or more victims, it is sufficient to register an FIR. The deleted photo is not essential — the call log and testimonies themselves establish the offence of stalking under Section 78 BNS.

Should they complain to the shop owner first or go directly to the police?

Go directly to the police or the cyber crime portal. Informing the shop owner is voluntary, not required. A direct police complaint ensures the matter is officially recorded and not suppressed by the employer. The police will investigate the employer’s role if any.

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.

First, preserve all digital evidence — do not delete any messages, call logs, or screenshots. Second, block the number immediately to prevent further contact. Third, avoid confronting the employee yourself; let the legal process handle it. This type of cyber harassment case involves nuanced evidentiary procedures — like obtaining WhatsApp server logs or call detail records — that a general practitioner may not be familiar with. An advocate who regularly handles such matters can secure a faster and more effective outcome.

Applicable Sections of Law

• Section 78 BNS (Stalking): Makes it an offence to follow, contact, or attempt to contact a person despite clear disinterest, or to monitor their electronic communication. This includes unsolicited late-night calls and messages.
• Section 79 BNS (Word, gesture or act intended to insult the modesty of a woman): Covers sending obscene or inappropriate content that violates a woman’s dignity.
• Section 67 of the Information Technology Act, 2000: Punishes publishing or transmitting obscene material electronically, including through WhatsApp.
• Section 67A of the IT Act: Specifically addresses sexually explicit content transmitted electronically, attracting higher penalties.

Punishment and Penalties

• Section 78 BNS: Imprisonment up to 3 years for first conviction, and up to 5 years for subsequent conviction. Fine applicable. Cognizable and non-bailable.
• Section 79 BNS: Imprisonment up to 1 year, or fine, or both. Cognizable and bailable.
• Section 67 IT Act: Imprisonment up to 3 years and fine up to ₹5 lakh on first conviction; up to 5 years and fine up to ₹10 lakh on subsequent conviction. Cognizable and non-bailable.
• Section 67A IT Act: Imprisonment up to 5 years and fine up to ₹10 lakh on first conviction; up to 7 years and fine up to ₹10 lakh on subsequent conviction. Cognizable and non-bailable.

Jurisdiction — Where to File the Case

File the FIR at the police station that has territorial jurisdiction over the place where the offence occurred — in this case, the police station covering the area where the shop is located (e.g., Koramangala police station in Bengaluru). Alternatively, if the victims reside in a different jurisdiction, they can file at their local police station, and it will be transferred. For cyber crime matters, the National Cyber Crime Reporting Portal (cybercrime.gov.in) accepts complaints from anywhere in India. Jurisdiction matters because the trial will occur in the court where the FIR is registered — usually the Magistrate’s court in that district.

What if Police Refuse to File FIR?

If the police refuse to register an FIR, victims have clear legal remedies:

• Approach the Superintendent of Police (SP): File a written complaint with the SP under Section 173(4) BNSS, requesting them to direct the station to register the FIR.
• File a private complaint before the Magistrate: Under Section 175(3) BNSS, you can approach the Judicial Magistrate who can order the police to investigate.
• Writ petition in High Court: As a last resort, file a writ of mandamus under Article 226 to compel the police to act.
• Cyber Crime Portal escalation: The National Cyber Crime Portal has an escalation mechanism — file a complaint there if local police are unresponsive.

Rights of the Accused

• Right against self-incrimination: Under Article 20(3) of the Constitution, the accused cannot be compelled to be a witness against himself.
• Right to legal representation: Under Article 22(1), the accused has the right to consult and be defended by a lawyer of their choice.
• Right to be produced before a Magistrate within 24 hours: Under Section 58 BNSS, any arrested person must be produced before a Magistrate within 24 hours of arrest.
• Right to a copy of the FIR: The accused is entitled to a copy of the FIR and to know the grounds of arrest.
• Right to bail: For bailable offences, the accused has a right to bail; for non-bailable offences, bail is at the court’s discretion.

Bail Provisions

Under the BNS, stalking (Section 78) with a subsequent conviction is non-bailable. A first-time offence under Section 78 is bailable. However, if Sections 67 or 67A of the IT Act are invoked, those are non-bailable — meaning bail is not a matter of right and must be obtained from the court. For anticipatory bail (pre-arrest), the accused can apply under Section 482 BNSS before the Sessions Court or High Court. In this type of case, the court will consider the seriousness of the conduct, the number of victims, and the nature of the content sent. Regular bail under Sections 480 or 483 BNSS is available after arrest, subject to conditions like surrendering the mobile phone and not contacting the victims.

Quashing of FIR / Case

The High Court has inherent powers under Section 528 BNSS to quash an FIR if it is found to be an abuse of the process of law. Grounds for quashing include: the complaint does not disclose any prima facie offence, the matter has been compromised between the parties (if the offence is compoundable), or the FIR is malicious and baseless. However, for offences involving stalking and transmission of sexually explicit content — which are non-compoundable — quashing is rare unless the evidence is patently fabricated or the legal ingredients are absent. A skilled lawyer can assess whether quashing is a viable strategy based on the specific facts.

If You Are the Victim

• Do not delete any messages, call logs, screenshots, or chat histories — preserve everything.
• Block the person’s number immediately to prevent further harassment, but take screenshots of the block and any preceding messages first.
• Do not confront the employee in person — let the legal process handle the situation for your safety.
• Report the incident to the local police or the National Cyber Crime Portal without delay. The earlier the complaint, the stronger the case.
• Seek support from friends or family — you are not alone, and the law is on your side.

Documents You Must Keep Ready

• Aadhaar card or other government-issued photo ID of the victim(s)
• Screenshots of the missed video call log showing date, time, and number
• WhatsApp chat history (if any messages are still available)
• Call detail records (CDR) from the mobile operator, if necessary
• Any saved inappropriate content (even if deleted, check the "Recently Deleted" folder)
• Shop’s business number and address
• Written statements from each victim recounting the incident

What Evidence Is Required?

• Primary evidence: The WhatsApp call log showing the missed video call at 2:56 AM. This is direct electronic evidence.
• Secondary evidence: Multiple victim statements (testimonies) that corroborate each other’s accounts.
• Documentary evidence: Screenshots, call logs, and any saved messages.
• Supporting evidence: Phone records from the mobile operator can verify call timings.
• Contextual evidence: Proof that the number was only used for ordering coffee (e.g., earlier order messages).
• The deleted photo is not essential — the call log and testimonies alone can establish the offence under Section 78 BNS.

How the Police Behave in Such Cases

Police officers may initially downplay late-night calls as a “minor issue” or suggest it’s a personal matter. That is incorrect. Victims must insist on registering an FIR and mention the specific BNS sections. If the local station resists, escalate to the SP or the cyber crime cell. In well-handled cases — especially where the victim is a woman and the offence involves online harassment — officers are now more sensitized. They will record statements, seize the accused’s phone for forensic examination, and issue notices. Do not accept a non-cognizable (NC) report; demand a regular FIR.

Timeline of Legal Process

• Day 1-7: FIR registration. Police begin preliminary investigation: recording victim statements and collecting digital evidence.
• Week 2-4: Police issue notice to the accused, record their statement, and may arrest if the offence is non-bailable. Mobile phone of the accused may be seized for forensic analysis.
• Month 1-3: Investigation continues. Police file a charge sheet (final report) before the Magistrate if sufficient evidence exists.
• Month 3-6: Magistrate takes cognizance, frames charges, and commences trial. Witnesses are examined.
• Month 6-12: Trial concludes; judgment is pronounced. Appeal lies to the Sessions Court within 30 days of conviction.
• Overall: Cyber harassment cases often resolve faster — within 6 to 12 months — because digital evidence is easier to gather than physical evidence.

How Long Will the Investigation Take?

The police investigation in this type of case typically takes 1 to 3 months. The charge sheet must be filed within 60 days from arrest if the accused is in custody, or 90 days in other cases. Since the evidence is primarily digital (call logs, WhatsApp data), forensic analysis is usually quicker. Delays happen only if the police fail to collect evidence promptly or if the accused evades notice.

Understanding the Costs

The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.

A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.

Can the Matter Be Settled Out of Court?

Under the BNS, stalking (Section 78) is not compoundable — meaning the case cannot be settled privately and the court must decide it. However, the parties can explore mediation or conciliation for lesser aspects. For IT Act offences, settlement may be possible if the victim agrees and the court permits compounding, but this is at the discretion of the court. Lok Adalat can provide a forum for compromise, but for serious offences involving sexually explicit content, the court may insist on trial. Settlement is generally advisable only if the offence is minor and the victim genuinely wishes to resolve the matter — always under legal guidance.

Common Mistakes People Make

• Deleting evidence: Deleting messages, photos, or call logs out of shock is the biggest mistake. Always preserve everything before blocking the number.
• Confronting the accused directly: This can escalate the situation or destroy evidence. Let the police handle it.
• Waiting too long to file a complaint: Delay weakens the case and may lead to loss of digital evidence. File the FIR immediately.
• Engaging a general practitioner without domain-specific experience: Cyber harassment cases involve nuanced procedural and evidentiary strategies — such as obtaining WhatsApp server logs, call detail records, and digital forensic reports. A lawyer who doesn’t regularly handle such matters may miss key steps, weakening the case from the start.
• Posting details on social media: Public posts can be used by the defence to claim exaggeration or fabrication. Keep the matter confidential until the legal process is underway.
• Ignoring the IT Act angles: Many victims focus only on criminal law and forget that the IT Act provides stronger penalties for electronic transmission of obscene content.

FAQs People Normally Have

Can I file a complaint anonymously?

For an FIR, you must provide your identity because the police need a complainant. However, you can request confidentiality and protection — the accused will not know your identity until the trial, and the police can keep your address confidential. For reporting to the cyber crime portal, you can submit an anonymous complaint, but it will not trigger an FIR.

What if the employee claims he was just “joking”?

That is not a valid defence. The law under Section 78 BNS does not require intent to cause harm — it is enough that the contact is unwanted and made despite clear disinterest. Late-night video calls and inappropriate pictures are inherently harassing, regardless of the accused’s stated intent.

Does the shop owner have any liability?

Potentially, if the owner was negligent in supervising the employee or was aware of the misconduct. The victim can add the employer’s name in the FIR if the number was provided by the shop. However, the primary liability rests with the employee. The police will investigate the owner’s role during the investigation.

How do I obtain WhatsApp call records from the server?

This requires a formal request through the police investigation. The investigating officer can issue a notice to WhatsApp (under the IT Act) to preserve and provide server logs. As a victim, you cannot directly access this — but your lawyer can ensure the police make this request. The call log screenshot on your phone is already evidence, but server logs will corroborate it.

Can I get a protection order from the court?

Yes. During the trial, you can apply for an interim protection order under Section 62 of the Protection of Women from Domestic Violence Act, 2005, if you fear further harassment. The court can restrain the accused from contacting you. Alternatively, the police can issue a notice under Section 79 BNS. This is usually granted quickly in such cases.

This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.

Advocate Sudhir Rao, Supreme Court of India

Facing a similar matter? Speak to a criminal lawyer in Delhi — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.