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 conduct amounts to criminal offences under Indian law including criminal intimidation, stalking, and extortion. You can file a complaint from abroad on the National Cyber Crime Reporting Portal or with the police in the district where the accused lives. NGOs like the Cyber Peace Foundation can guide you. Quick reporting to social media platforms and legal action can help remove leaked intimate images.
A family came to the office of Advocate Sudhir Rao after their mother, a foreign national, faced relentless online harassment from an Indian man named Vikram Malhotra based in Lucknow. The man had met the woman online, built a false romantic connection, and then turned abusive. He demanded constant video surveillance, monitored her phone screen, and controlled her communications. When she ended the relationship, he used multiple phone numbers to contact her and her family. He threatened to leak intimate photos and videos she had shared during the relationship. The family had preserved chat logs, call records, and screenshots. Earlier attempts to resolve the matter through informal warnings failed. The specialised experience of Advocate Sudhir Rao’s office in cross-border cybercrime and intimate-image extortion cases helped the family navigate the procedural complexities. The office secured a swift police complaint and coordinated with the cyber crime cell, leading to a positive outcome for the client.
Key Facts of the Case
- The victim is a foreign national residing outside India; the accused is an Indian citizen living in Lucknow, Uttar Pradesh.
- The accused met the victim online, gained her trust, and then engaged in controlling and abusive behaviour over several months.
- After the victim ended the relationship, the accused began threatening to distribute intimate photos and videos without consent.
- The accused also harassed multiple family members of the victim using different Indian phone numbers.
- The victim preserved digital evidence including screenshots, chat logs, call records, and boarding pass details of the accused.
- The case involves criminal intimidation, stalking, and extortion under the Bharatiya Nyaya Sanhita (BNS), 2023.
- The complaint was filed with the jurisdictional police in Lucknow and on the National Cyber Crime Reporting Portal.
The Direct Legal Answer
Does this conduct amount to a criminal offence under Indian law?
Yes. Threatening to distribute intimate images without consent, combined with repeated harassment and surveillance, clearly amounts to criminal intimidation (Section 318 BNS), stalking (Section 77 BNS), and extortion (Section 308 BNS). The use of multiple phone numbers to bypass blocks also constitutes criminal trespass by way of communication. Indian law takes a strong stance against such behaviour, especially when it involves non-consensual dissemination of intimate material.
Can victims who live outside India report someone residing in India?
Absolutely. The fact that the victim is abroad does not prevent Indian authorities from taking action. The offence occurs where the threat is received or where the accused acts. Under the BNSS, 2023, the police in the district where the accused lives have jurisdiction. You can file a complaint online or through a representative in India.
Which authority should we contact in India?
File a first information report (FIR) at the police station having jurisdiction over the accused's location. In this case, that is Lucknow. You can also register an online complaint on the National Cyber Crime Reporting Portal (cybercrime.gov.in). For intimate image cases, the portal has a dedicated "Report Image/Video" option.
What is the fastest way to report and remove leaked intimate images?
Report the image or video directly to the social media platform (Facebook, Instagram, WhatsApp, etc.) using their built-in reporting tools for non-consensual intimate content. Most major platforms have rapid takedown mechanisms. Parallelly, file a complaint with the cyber crime cell which can issue a legal notice to the platform for removal. If you have a court order, platforms act even faster.
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.
Do not engage in any further communication with the accused. Every exchange can be used as evidence, but negotiation without legal guidance often worsens the situation. Document everything immediately — screenshots, call logs, ID proofs shared. And remember, cross-border cybercrime cases involve nuanced jurisdictional and evidentiary strategies. A general practitioner may not be familiar with the procedural steps for filing complaints from abroad or coordinating with multiple law enforcement agencies. Engage an advocate who regularly handles such matters.
Applicable Sections of Law
Under the Bharatiya Nyaya Sanhita (BNS), 2023, the following sections are directly applicable:
- Section 318 BNS – Criminal intimidation: Threatening to cause injury to reputation or property, with intent to alarm the person threatened.
- Section 77 BNS – Stalking: Following, contacting, or attempting to contact a person repeatedly despite clear disinterest, causing distress.
- Section 308 BNS – Extortion: Putting a person in fear of injury to reputation, and thereby inducing delivery of property or valuable security.
- Section 307 BNS – Putting a person in fear of accusation of an offence, to induce delivery of property.
Punishment and Penalties
- Criminal intimidation (Section 318 BNS): Imprisonment up to 2 years, or fine, or both. If threat causes alarm, imprisonment up to 7 years and fine.
- Stalking (Section 77 BNS): Imprisonment up to 3 years for first offence; up to 5 years for subsequent offence.
- Extortion (Section 308 BNS): Imprisonment up to 3 years, or fine, or both.
- All these offences are cognizable (police can arrest without warrant) and non-bailable (bail is at court's discretion). They are generally non-compoundable, meaning the case cannot be privately settled.
Jurisdiction – Where to File the Case
For criminal matters, the first step is to file an FIR at the police station within whose territorial jurisdiction the accused resides or operates. In this case, that is the police station in Lucknow where the accused lives. If the accused's location is unknown, file a complaint on the National Cyber Crime Reporting Portal which will route it to the appropriate cyber cell. Jurisdiction is critical — filing in the wrong police station can cause delays. A lawyer with experience in cybercrime cases can identify the correct jurisdictional authority quickly.
What if Police Refuse to File FIR?
If police refuse to register an FIR, you have remedies. Here are actionable steps:
- Approach the Superintendent of Police (SP) or Commissioner of Police under Section 173(4) BNSS to direct the officer to register the FIR.
- File a private complaint before the jurisdictional Magistrate under Section 175(3) BNSS if the police still refuse or do not investigate properly.
- As a last resort, file a writ petition before the High Court seeking a direction to the police to act.
- Document every refusal in writing – take a diary number or send a written complaint via registered post.
Rights of the Accused
- Right to remain silent: The accused cannot be compelled to be a witness against himself (Article 20(3) of the Constitution).
- Right to legal representation: The accused has the right to consult and be defended by a lawyer of choice (Article 22).
- Right to be produced before Magistrate: Any arrested person must be produced before a Magistrate within 24 hours of arrest.
- Right to know grounds of arrest: The accused is entitled to a copy of the FIR and to be informed of the grounds of arrest.
- Right to bail: In non-bailable offences, the accused can apply for regular or anticipatory bail.
Bail Provisions
Offences under Sections 318, 77, and 308 BNS are non-bailable. This means bail is not a matter of right and is at the court's discretion. The accused can apply for:
- Anticipatory bail under Section 482 BNSS before arrest, if they apprehend arrest.
- Regular bail under Section 480 or 483 BNSS after arrest, subject to conditions like non-interference with witnesses or surrender of passport.
Bail strategy depends on the nature of evidence. In cases involving threats to distribute intimate images, courts are generally cautious about granting bail to protect the victim from further harassment.
Quashing of FIR / Case
The High Court has inherent powers under Section 528 BNSS to quash an FIR or criminal proceedings. Grounds include:
- No prima facie offence is made out from the FIR.
- The complaint is an abuse of process of law.
- The matter has been settled between the parties in a compoundable offence.
Quashing is rarely granted in serious offences like criminal intimidation with threatened distribution of intimate images. It is more viable when the allegations are clearly false or malafide.
If You Are the Victim
- Do not respond to the accused. Every reply can be used against you or embolden him.
- Immediately file a complaint on the National Cyber Crime Reporting Portal (cybercrime.gov.in) — it has a section for uploading evidence.
- Report the intimate images or videos to the platform where they are hosted using their non-consensual content reporting tools.
- Block all communication from the accused and save all evidence in a secure, offline location.
- Consider reaching out to NGOs like the Cyber Peace Foundation for guidance on the complaint process.
Documents You Must Keep Ready
- Proof of identity of the victim (passport, visa, Aadhaar if available).
- All screenshots of chats, emails, and call logs showing threats and harassment.
- Call records from telecom service providers (obtainable through legal process if needed).
- Copies of any photos or videos the accused threatened to share (do not circulate them; keep them as evidence).
- ID cards or documents of family members that the accused holds.
- Any boarding pass, address, or location details of the accused.
- Certified translation of evidence if not in English or Hindi.
What Evidence Is Required?
- Primary evidence: Original screenshots, chat logs, recordings, and photos stored on the victim’s device.
- Secondary evidence: Certified copies of call records from telecom providers, and affidavits from witnesses (such as family members who also received calls).
- Digital evidence: Metadata of messages, IP addresses if traceable, and timestamps.
- Forensic evidence: If needed, a digital forensic report verifying authenticity of screenshots and messages.
- Communication trail: Proof that the victim clearly expressed lack of consent and asked the accused to stop.
- Threat evidence: Explicit statements showing intent to harm reputation or distribute material.
How the Police Behave in Such Cases
Police are generally responsive to cybercrime complaints, especially those involving threats of intimate image distribution. They may first try to call the accused for a warning. However, in serious cases, they will register an FIR, investigate by collecting digital evidence, and may arrest the accused if the threat is credible. The attitude varies by jurisdiction – in metropolitan cities, cyber cells are more specialised. In smaller towns, police may lack training. A lawyer’s presence can ensure the complaint is taken seriously.
Timeline of Legal Process
- FIR registration: Within 1-2 days of filing complaint (if police cooperate).
- Investigation: 30 to 90 days depending on complexity and accused's location.
- Charge sheet filing: Must be filed within 60-90 days of arrest (or 60-90 days from FIR if accused not arrested).
- Cognizance by Magistrate: 1-2 weeks after charge sheet copy given to accused.
- Framing of charges: 1-2 months after cognizance.
- Trial: 6 months to 2 years depending on volume of evidence and witnesses.
- Judgment: After closing arguments — typically 1-2 months post hearing.
- Appeal: Can add 6 months to 2 years.
How Long Will the Investigation Take?
In cybercrime cases with digital evidence, investigation typically takes 30 to 60 days. The police must collect call records, data from social media platforms, and potentially conduct a forensic analysis of devices. If the accused cooperates, the process can be faster. Delays occur if the accused evades notice or if evidence requires international cooperation for platform data.
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?
In criminal law, offences under Sections 318, 77, and 308 BNS are non-compoundable. This means the case cannot be withdrawn or settled privately. The state prosecutes the offence. However, if the accused agrees to delete all intimate material, issue a written apology, and cease all contact, the victim can inform the court of the reduced threat, which may influence sentencing. That said, settlement does not automatically end the prosecution. The only way to fully close the case is an acquittal or discharge after trial, or — in rare cases — quashing by the High Court if no prima facie case is made out.
Common Mistakes People Make
- Responding to the accused: Engaging in arguments or trying to "reason" with the abuser often escalates the situation and provides more evidence for the accused to twist.
- Deleting evidence: Purging chats or images out of shame or anger destroys crucial proof. Always preserve originals.
- Not filing a complaint promptly: Delay weakens the case and can lead to the accused destroying their own evidence.
- Using non-specialist lawyers: This is a critical error. Cross-border cybercrime and intimate-image extortion require a lawyer familiar with digital evidence laws, platform takedown procedures, and jurisdictional nuances. A general practitioner may miss procedural steps that delay or weaken the case.
- Posting about the case on social media: Publicly discussing the matter can be used by the accused to claim defamation or to tamper with evidence. Keep all communications confidential with your lawyer.
- Not documenting everything immediately: Memories fade. Screenshot, save, and record everything as soon as it happens.
FAQs People Normally Have
Can I file a complaint from abroad without coming to India?
Yes. You can file an online complaint on the National Cyber Crime Reporting Portal from anywhere. You can also authorise a lawyer or family member in India to file an FIR on your behalf with a power of attorney.
What if I don't know the accused's exact address?
Provide whatever details you have — phone numbers, social media profiles, email addresses, boarding pass copies, and any images. Police can use these to trace the accused. The more information you give, the easier the investigation.
Will my identity be revealed to the accused?
In a criminal complaint, the accused has a right to know the identity of the complainant. However, in sensitive cases involving intimate images, the court can order measures to protect the victim's identity during trial, including in-camera proceedings.
Can I get a restraining order against him?
Indian law does not have a standalone restraining order like some countries. But the court can impose bail conditions that prohibit the accused from contacting the victim. Violation of such conditions can lead to arrest.
What is the fastest way to remove leaked images from the internet?
Report directly to the platform (Facebook, Twitter, Instagram, WhatsApp) using their "non-consensual intimate image" reporting option. If you have a court order, platforms typically act within 24 hours. The National Cyber Crime Portal also has a mechanism to request removal.
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 advocate 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.