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 private chats without consent, creating fake profiles, and online harassment are criminal offences under Indian law. You can file an FIR, report to the cyber cell, and seek civil remedies. The relevant provisions under the Bharatiya Nyaya Sanhita (BNS), 2023 and Information Technology Act, 2000 provide strong protections.
A client from Nagpur approached the Chamber of Advocate Sudhir Rao after months of relentless online harassment. The client, Arjun Mehta, had ended a personal relationship with a woman from his hometown, Indore. She then shared selective screenshots of their private conversations with around seven of his friends and one relative. Worse still, a fake Instagram account started following him repeatedly, changing profile pictures with references to him, his sister, and even publicly commenting on a relative's post using his name. Arjun had tried blocking and ignoring, but the harassment only escalated.
He came to Advocate Sudhir Rao's office feeling helpless. The earlier approach of ignoring the problem hadn't worked. Advocate Sudhir Rao and his office analysed the evidence — screenshots, account details, message timestamps — and mapped out a two-pronged strategy: a criminal complaint under the relevant BNS sections and an immediate notice to the social media platform. The office's domain-specific expertise in cyber harassment cases meant they knew exactly which procedural steps would get swift action. Within weeks, the local police registered an FIR based on the evidence. The combination of a well-drafted legal notice and police action forced the accused to cease all contact. The fake account was taken down. Arjun got the peace he deserved.
Key Facts of the Case
- The client and the accused had a personal relationship that ended permanently on 1 May 2026.
- Screenshots of private chats were shared with seven friends and one relative between 3 May and 18 May 2026.
- A fake Instagram account repeatedly sent follow requests, changed usernames and profile pictures using the client's and his family's references.
- The fake account publicly commented with the client's name on a relative's Instagram post.
- The client preserved all screenshots — text messages, account activity, and public comments — as evidence.
- The case was filed at the local police station in Nagpur under the cyber crime cell jurisdiction.
- The Chamber of Advocate Sudhir Rao handled the matter with a focus on procedural compliance and swift police action.
The Direct Legal Answer
Does sharing private screenshots amount to harassment?
Yes. Sharing private and intimate conversations without consent is a violation of privacy and can constitute criminal intimidation and defamation. Under Section 77 of the Information Technology Act, 2000 read with BNS provisions, such acts are punishable. The victim must file a formal complaint.
Can I file an FIR for fake social media accounts?
Absolutely. Creating fake profiles using another person's name, photos, or references is identity theft and online impersonation. Under Section 319 BNS (cheating by personation) and Section 66C of the IT Act, this is a criminal offence. You should approach the cyber cell or local police.
What about public comments on a relative's post?
Publicly tagging someone or using their name in a harassing manner on social media posts falls under criminal intimidation and defamation. This conduct can be included in your complaint. Collect all such posts as screenshots with visible URLs and timestamps.
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 every piece of evidence — screenshots, URLs, message logs, account details. Do not delete anything. Block the harasser but do not engage further. Inform your family and trusted friends about the situation so they can support you. File a complaint with the cyber cell immediately — delay weakens your case.
This type of matter involves nuanced procedural rules under the BNSS and IT Act. A general practitioner may not know the exact steps — for example, how to register an FIR online through the National Cyber Crime Reporting Portal or how to approach the cyber cell. An advocate with domain-specific experience can navigate these faster and more effectively.
Applicable Sections of Law
Under the Bharatiya Nyaya Sanhita (BNS), 2023, the following sections apply:
- Section 319 BNS — Cheating by personation (online impersonation/fake profiles).
- Section 351 BNS — Criminal intimidation (threats or harassing conduct causing fear).
- Section 356 BNS — Defamation (sharing private chats with intent to harm reputation).
Under the Information Technology Act, 2000:
- Section 66C — Identity theft (using someone else's identity online).
- Section 66E — Violation of privacy (sharing intimate images or communications without consent).
Punishment and Penalties
For offences under Section 319 BNS, punishment includes imprisonment up to three years and fine. Section 351 BNS carries imprisonment up to two years or fine or both. Under Section 66C IT Act, imprisonment up to three years and fine up to ₹1,00,000. Section 66E IT Act provides imprisonment up to three years or fine up to ₹2,00,000, or both.
These offences are generally bailable and cognizable — meaning police can arrest without a warrant. They are also compoundable, meaning parties can settle with court permission.
Jurisdiction — Where to File the Case
For cyber harassment, you can file an FIR at the police station where you reside or where the harassment was received — even if the accused is in another city. The cyber crime cell in your city handles online offences. For civil remedies, you may approach the civil court with jurisdiction over your residence. Jurisdiction rules are flexible in cyber cases to ensure victims can access justice easily.
What if Police Refuse to File FIR?
If the police refuse to register your FIR, you have options:
- Approach the Superintendent of Police (SP) under Section 173(4) BNSS — the SP can order an investigation.
- File a private complaint before the Judicial Magistrate under Section 175(3) BNSS.
- File a writ petition in the High Court seeking a direction to police to register the FIR.
Do not accept a simple diary entry — insist on a formal FIR number.
Rights of the Accused
Even in cases of online harassment, the accused has rights under the Constitution and BNSS:
- Right to remain silent — No one can be forced to be a witness against themselves (Article 20(3)).
- Right to legal representation — The accused can engage a lawyer (Article 22).
- Right to be produced before a Magistrate within 24 hours of arrest (Section 539 BNSS).
- Right to a copy of the FIR and to know the grounds of arrest.
Bail Provisions
Cyber harassment offences under the IT Act and BNS are generally bailable. The accused can apply for regular bail under Section 480 or 483 BNSS. If there is a risk of arrest before charge-sheet, the accused may seek anticipatory bail under Section 482 BNSS from the Sessions Court or High Court. Bail conditions typically include not contacting the victim, not tampering with evidence, and cooperating with investigation.
Quashing of FIR / Case
If the FIR is found to be frivolous or filed with malafide intent, the accused can approach the High Court under Section 528 BNSS (inherent powers) to quash the FIR. Grounds include no prima facie offence, abuse of process of law, or settlement between parties in compoundable offences. Quashing is not automatic — the court examines whether a prima facie case exists.
If You Are the Victim
- Do not respond to the harasser — any engagement can be used against you.
- Preserve all evidence — screenshots, URLs, account details, timestamps.
- Block and report the fake account to the social media platform immediately.
- File an FIR at your local police station or file a complaint on the National Cyber Crime Reporting Portal (cybercrime.gov.in).
- Inform your family and close friends so they can support you and avoid being misled by the harasser.
Documents You Must Keep Ready
- Aadhaar card or any government-issued photo ID
- PAN card (if needed for formal complaints)
- Screenshots of all chat messages (full conversations, not just selected portions)
- Screenshots of the fake Instagram profile, username changes, and profile pictures
- Proof of communication — emails, messages to friends/relatives who were contacted
- Names and contact details of the harasser (if known)
- Any prior complaints to the social media platform (support ticket numbers)
- A written chronology of events with dates and times
What Evidence Is Required?
- Primary evidence: Screenshots of chats, fake profile pages, public comments, and follow requests with visible URLs and timestamps.
- Secondary evidence: Witness statements from friends or relatives who received the shared screenshots.
- Digital evidence: Metadata of the fake account (creation date, IP address, email used — obtainable through a formal request to the platform or via police investigation).
- Certificate under Section 65B of the Indian Evidence Act, 1872 (now under BSA, 2023) — for admissibility of electronic records in court.
- Copies of any legal notices sent to the accused or platform.
How the Police Behave in Such Cases
Police may initially treat cyber harassment as a "minor issue" or try to dismiss it as a personal matter. This is common — but incorrect. If you have proper evidence, insist on filing an FIR. The cyber cell is better equipped to handle digital evidence and may be more responsive. Be patient but firm. If the local police refuse, approach the SP directly or file a complaint online through the national portal.
Timeline of Legal Process
- FIR registration: Can happen immediately if evidence is clear (1-2 days).
- Investigation: Police may take 30-60 days to collect evidence, examine witnesses, and file charge-sheet.
- Charge-sheet filing: Within 60-90 days from FIR (if accused is in custody, 60 days; otherwise 90 days).
- Cognizance by Magistrate: 1-2 months after charge-sheet.
- Trial and judgment: 6-12 months on average, depending on court workload.
- Appeal: 3-6 months if filed. Total timeline: 9 to 18 months from FIR to final disposal in trial court.
How Long Will the Investigation Take?
In cyber harassment cases, the investigation may take 30 to 60 days if the evidence is clear and the accused is identifiable. Police need time to obtain IP logs, account details from the social media platform, and witness statements. Delays occur if the platform is slow in responding to police requests under Section 91 BNSS.
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?
Yes, many cyber harassment cases are resolvable through mediation or settlement. Since the offences under BNS sections 319 and 351 are compoundable, parties can enter a compromise with court permission. Mediation through Lok Adalat is another option for out-of-court resolution. However, settlement should only be considered if the victim receives a genuine apology, the fake accounts are deleted, and the accused gives an undertaking not to repeat the conduct. Do not accept a settlement without legal advice — it may affect future complaints.
Common Mistakes People Make
- Deleting evidence — Screenshots and messages are crucial. Never delete them even after blocking the harasser.
- Engaging with the harasser — Responding or threatening back gives them ammunition and can weaken your case.
- Not preserving metadata — Without timestamps and URLs, screenshots lose evidentiary value.
- Delaying the complaint — Waiting weeks or months makes investigation harder and weakens credibility.
- Engaging a lawyer without cyber law experience — This type of case involves specific provisions under the IT Act and BNS. A general practitioner may miss procedural steps or fail to handle digital evidence correctly. Domain-specific experience matters for faster and better outcomes.
FAQs People Normally Have
Can I file an FIR from my city if the harasser lives in another state?
Yes. Cyber harassment can be reported where you reside or where the harassment was received. The police will coordinate with the other jurisdiction.
Is it necessary to go to court in person?
Initially, yes — for filing the FIR or complaint. After that, your advocate can represent you in most court hearings. Witnesses may need to appear if trial is initiated.
Will my privacy be protected if I go to court?
The court can order that your identity and sensitive details be kept confidential. Under Section 228A of the BNS and IT Act provisions, courts can restrict publication of victim details in cases involving privacy violations.
Can I get a restraining order against the harasser?
Yes. You can seek an interim protection order from a civil court or a criminal court (Magistrate) restraining the harasser from contacting you or your family. This is possible during the pendency of the main case.
What if the fake account is anonymous or uses a VPN?
Police can request the social media platform and internet service provider to disclose IP logs and user details through legal process. Anonymity is not absolute under Indian law.
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.