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: Sharing someone’s Instagram chats—even without consent—does not automatically become a cyber crime under Indian law. The other person’s threat of a “cyber case” is often an empty scare tactic. Unless the shared content is doctored, violates privacy in a specific way, or constitutes defamation under Section 356 BNS, the police are unlikely to register an FIR. You are generally safe if you posted truthful screenshots without editing them. Stop engaging, preserve the chats as evidence, and consult a lawyer if a formal complaint is filed.
Two friends from Indore. One posts a story supporting police action at a protest. The other calls him out. Things escalate. Chats get screenshot. And then comes the line: “I’ll file a cyber complaint against you.”
That’s exactly what happened with a client who walked into the Chamber of Advocate Sudhir Rao. He was rattled. His ex-friend had threatened him with a cyber case after private Instagram conversations were shared publicly. The client had not altered the chats. He had just posted them in anger.
Initially, the client’s earlier consultations with a general practice lawyer produced little clarity. Conflicting advice and vague warnings left him more anxious. That’s when he sought specialized handling. Advocate Sudhir Rao and his office quickly assessed the facts: no doctored images, no private sexual content, no impersonation. Just a heated exchange made public.
The office of Advocate Sudhir Rao engaged the opposing party through a formal legal notice. Not with aggression. With precision. The notice pointed out the lack of any cognizable offence. The bluff was called. The threat dissolved. And here’s the thing, no FIR was ever filed. The client’s peace of mind was restored — without a single day in court.
Key Facts of the Case
- The client shared screenshots of Instagram direct messages (DMs) on his own Instagram story.
- The chats were not edited, cropped, or taken out of context — they mirrored the original conversation.
- The opposing party had first made a public Instagram story supporting police actions, which prompted the client’s confrontation.
- The shared content included the friend’s comments blaming student suicides — statements the friend had originally made publicly.
- No private photographs, banking information, or sexually explicit material was shared.
- The friend threatened a “cyber complaint” but did not specify any cognizable offence under law.
- The matter was resolved through a legal notice from Advocate Sudhir Rao’s chamber, preventing any police complaint from being filed.
The Direct Legal Answer
Can someone file a cyber complaint against me for sharing Instagram DMs?
Technically, anyone can walk into a police station and file a complaint. But the key is whether the complaint discloses an offence. Under the Bharatiya Nyaya Sanhita (BNS) 2023, sharing private chats may amount to defamation (Section 356) if it harms reputation. But for that, the content must be false or shared with malicious intent. Truth is a complete defence. If the chats were genuine and unaltered, the case is weak.
Is this a cyber crime under the IT Act, 2000?
Not really. Section 66 of the IT Act covers hacking and dishonestly altering computer data. Section 66E deals with capturing or publishing images of a person’s private areas without consent. Sharing a text conversation? That’s not covered unless the chat contains intimate images or was obtained by hacking the account. Simply screenshotting a DM from your own chat window does not amount to hacking.
Am I in legal trouble?
From the facts described, you are highly unlikely to face any real legal consequence. Empty threats are common. The police usually do not register FIRs for trivial social media spats unless there is clear injury to reputation or privacy. Even if an FIR is registered, it is eminently quashable before the High Court.
Advice in Such Cases
Stop engaging immediately. Do not post counter-stories. Do not delete the original chats or screenshots. Preserve everything — they are your evidence.
Now, send one final message stating you will not delete the post unless he withdraws his threat and apologises for the public support he expressed. After that, go silent.
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.
Matters like these involve nuanced procedural and evidentiary strategies — such as proving the truth of the content, dealing with cyber cell jurisdiction, and filing a pre-emptive caveat. A general practitioner may not be familiar with these tactics. An advocate who regularly handles cyber and criminal matters will navigate these issues far more efficiently.
Applicable Sections of Law
- Section 356 BNS (Defamation): Whoever makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is punished with simple imprisonment up to two years, or fine, or both. Truth for public good is an exception.
- Section 352 BNS (Intentional insult with intent to provoke breach of peace): If the shared content included insulting language, this section could be invoked — though it is a non-cognizable, bailable offence.
- Section 79 of the IT Act, 2000 (Intermediary safe harbour): Instagram as an intermediary is not liable for user-generated content, but the user (you) may still face liability for the content posted.
- Section 66E of the IT Act, 2000 (Privacy violation): Only applies to capturing or publishing images of private areas. Text conversations do not attract this provision.
Punishment and Penalties
Under Section 356 BNS (Defamation): Simple imprisonment up to two years, or fine, or both. The offence is non-cognizable (police cannot arrest without warrant) and bailable. It is compoundable — the parties can settle. Practically, courts rarely impose jail time for first-time social media disputes. A fine or apology typically closes the matter.
Under Section 352 BNS (Intentional insult): Simple imprisonment up to one year, or fine, or both. This is also non-cognizable and bailable. Most such cases end with mutual compromise or an undertaking to remove the offending post.
Compoundable? Yes, both sections are compoundable — the complainant can withdraw the case if the matter is settled.
Jurisdiction — Where to File the Case
In criminal matters, the territorial jurisdiction lies with the police station in whose area the offence occurred. For defamation under Section 356 BNS, the offence is committed where the content was published — that is, where the Instagram story was viewed. Since Instagram stories are viewable nationwide, the complainant’s place of residence often determines jurisdiction. Practically, the police may direct the complainant to the nearest cyber crime cell or local police station. A skilled lawyer can challenge jurisdiction if the case is filed in a distant city, causing inconvenience.
What if Police Refuse to File FIR?
For non-cognizable offences like defamation, the police cannot register an FIR without the Magistrate’s order. They may issue a daily diary entry or ask you to approach court directly. If the police refuse to act:
- Approach the Superintendent of Police via a written complaint under Section 173(4) BNSS.
- If no response, file a private complaint before the Magistrate under Section 175(3) BNSS.
- The Magistrate can order an investigation under Section 176 BNSS if a prima facie case exists.
- As a last resort, file a writ petition before the High Court seeking a direction to the police.
Rights of the Accused
If an FIR is registered against you, you have fundamental and statutory rights:
- Right to remain silent: Article 20(3) of the Constitution protects you from being compelled to be a witness against yourself.
- Right to legal representation: You may consult and be defended by a lawyer of your choice (Article 22).
- Right to know grounds of arrest: The police must inform you of the grounds immediately upon arrest (Section 56 BNSS).
- Right to be produced before Magistrate within 24 hours: Any police custody beyond 24 hours without judicial order is illegal (Section 57 BNSS).
- Right to a copy of the FIR: You can obtain a free copy from the police station under Section 174 BNSS.
Bail Provisions
Defamation under Section 356 BNS is bailable. That means bail is a matter of right, not discretion. The police can grant bail at the station itself or you can apply for regular bail before the Magistrate under Section 483 BNSS.
If a non-bailable offence (like Section 352 with aggravating facts) is tagged, anticipate bail may be sought under Section 482 BNSS. Strategy tip: file an anticipatory bail application before any arrest if you anticipate a non-bailable case being slapped. But for routine social media disputes, bail is almost never contested.
Quashing of FIR / Case
If an FIR is registered on vague grounds, you can approach the High Court under Section 528 BNSS (inherent powers) to quash the proceedings. Grounds include:
- No prima facie offence disclosed on the face of the FIR.
- The FIR is an abuse of the legal process.
- The matter is purely civil or trivial and does not warrant criminal investigation.
- The offence is compoundable and the parties have compromised.
Quashing is a viable strategy here, especially if the shared screenshots were truthful and unaltered. The High Court often disposes of such petitions swiftly, sometimes within a few months.
If You Are the Victim
If someone has shared your private chats without consent and you believe your reputation is harmed:
- Preserve screenshots and take down the post by flagging it to Instagram as a privacy violation.
- Send a legal notice to the person demanding removal and an unconditional apology.
- File a complaint before the local cyber crime cell or through the online cyber crime portal (cybercrime.gov.in).
- If the content includes intimate images, lodge an FIR under Section 66E IT Act and Section 77 BNS (voyeurism).
- Consider mediation before rushing to court — most such disputes settle with a simple apology.
Documents You Must Keep Ready
- Identity proof: Aadhaar, PAN, Voter ID.
- Screenshots of the Instagram story you posted (ensure metadata/date is visible).
- Screenshots of the entire chat thread — from both sides.
- Screenshots of the friend’s original Instagram story that triggered the dispute.
- Any threatening messages received after the post.
- Your Instagram account URL and the date-time of the story.
- Email or notice received from the police or opposing party.
- Your phone’s IMEI number and device details (if cyber complaint escalates).
What Evidence Is Required?
- Primary evidence: The actual Instagram DMs as they exist on the app — preserved without tampering.
- Secondary evidence: Screenshots, screen recordings, and downloaded chat logs.
- Corroborative evidence: Witnesses who saw both the original story and your response.
- Forensic evidence: In extreme cases, a certificate under Section 65B of the Indian Evidence Act (now Section 63 BSA) may be required to admit electronic records. Your lawyer can guide you on getting this from Instagram or a forensic expert.
- Relevance: Show that the chats were truthful — if the friend actually blamed student suicides, that fact is your best defence.
How the Police Behave in Such Cases
Police attitude varies widely. In metropolitan cyber cells, officers are trained and often dismiss trivial disputes. In smaller towns, they may pressure you to “apologise and remove the post” to close the file. Do not cave in without legal advice. If you are summoned, cooperate but do not sign any statement without your lawyer present. The police cannot arrest for a bailable offence without a warrant. Your lawyer should brief you on exactly what to say and what not to say.
Timeline of Legal Process
- Complaint to Police: 1–7 days — the police may issue notice or record a complaint.
- Investigation (if cognizable offence alleged): Up to 60 days for minor offences, 90 days for serious ones.
- Charge Sheet Filing: Within 60–90 days of arrest or notice.
- Cognizance by Magistrate: 15–30 days after charge sheet is filed.
- Framing of Charges: 1–3 months.
- Trial: 6–12 months for summary trial (defamation is usually summary).
- Judgment: 3–6 months after trial concludes.
- Appeal: Another 6–12 months in Sessions Court or High Court.
In practice, most defamation cases are compounded within the first two hearings. An experienced lawyer can get the matter resolved in 2–4 months through settlement or quashing.
How Long Will the Investigation Take?
For a non-cognizable offence like defamation, the police do not investigate at all without Magistrate’s permission. Even if a case is registered under a cognizable section, investigation is typically completed within 30–60 days. The charge sheet must be filed within 60 days if the accused is in custody, or 90 days otherwise.
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?
Absolutely. Defamation under Section 356 BNS is compoundable — meaning the parties can mutually agree to settle. The process is simple: the complainant files an application stating he/she does not wish to press charges, and the court acquits the accused. Mediation at a Lok Adalat or through a private mediator can also work. Settlement is advisable here — both parties likely overreacted, and a public apology from both sides is often the most practical outcome.
Common Mistakes People Make
- Engaging a lawyer without domain-specific experience: A general practitioner may not know how to handle cyber cell jurisdiction, electronic evidence admission, or quashing strategies. This can prolong the case unnecessarily.
- Deleting the original chats or screenshots: Once deleted, you lose your best evidence. The other side can claim you fabricated the post.
- Continuing the public argument: Every post, comment, or story gives the other side more ammunition. Go silent.
- Responding to police summons without a lawyer: Anything you say can be twisted and used against you. Even a simple “sorry” can be treated as an admission.
- Posting a counter-threat on social media: This creates a parallel case of criminal intimidation (Section 351 BNS) against you.
- Ignoring a legal notice: Ignorance is not bliss. A notice must be responded to within the time frame given.
FAQs People Normally Have
Does sharing screenshots of private chats amount to a cyber crime?
No, unless the chats contain intimate images or were obtained through hacking. Sharing text conversations alone is not an offence under the IT Act.
Can the police arrest me for posting an Instagram story?
Defamation is bailable. The police cannot arrest you without a warrant. Even if arrested, you will be released on bail the same day.
Should I delete the story if I receive a legal notice?
Consult a lawyer first. If the content is true and not defamatory, you may choose to keep it. Deleting after notice may be seen as an admission of wrongdoing.
What if the other person files a false complaint?
You can file a counter-complaint for defamation or file an FIR for criminal intimidation if the threat includes harm to reputation or property. You can also approach the High Court for quashing of the false FIR.
Can I be sued for damages in civil court?
Yes, the other person can file a civil defamation suit claiming damages. But truth is a complete defence. If the chats were genuine, your chances of winning are high. Civil suits take 2–5 years in most cities.
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 Delhi criminal defence lawyer — 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.