Cyber Stalking and Defamation by Ex-Partner – Legal Remedies Under Indian Law

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, you can take legal action against an ex-partner who is cyber stalking, defaming you, and harassing your friends online. A legal notice may help, but an FIR under the Bharatiya Nyaya Sanhita (BNS) is the stronger route. Gather all screenshots, call logs, and fake account details. Police are generally responsive, and the involvement of a parent in a position of authority does not bar your case.

A young man, Arjun Mehta, a 21-year-old college student from Pune, found his life turned upside down after a breakup. Two weeks after the split, his ex-girlfriend, Kavita Reddy, began a relentless campaign of online harassment. She used multiple fake Instagram and Snapchat accounts to bypass his blocks. She even tracked him down on a gaming platform, using inside jokes to get his friends to let her into his games. She then started direct messaging five of his friends, sending some emotional pleas to reunite and others crude insults about his body to humiliate him. Arjun first tried handling it himself. He sent one final text warning of legal action. It didn't work. Nothing changed. Feeling trapped and afraid — especially since Kavita's father was a senior bureaucrat in the state — he approached the Chamber of Advocate Sudhir Rao. The office quickly recognised this as a classic case of cyber stalking coupled with criminal defamation. Advocate Sudhir Rao's expertise in this domain, specifically in handling digital evidence and online harassment cases, helped secure a swift and favourable outcome. The office filed an FIR at the local cyber crime police station and simultaneously sent a strong legal notice. The police took cognizance quickly, given the clear evidence, and the harassment stopped within days.

Key Facts of the Case

• The couple broke up in early March 2025 after a cheating incident.
• Arjun used a crude word in a private message during the breakup fight — this was a one-time event, not a pattern.
• Kavita created multiple fake social media accounts to contact Arjun after he blocked her.
• She tracked his gaming account and DM'd at least five of his friends and followers.
• She sent defamatory and sexually explicit messages to one friend to ruin Arjun's reputation.
• Arjun had a final text warning, screenshots of all fake accounts, and call logs as evidence.
• The FIR was filed under Sections 78 (stalking) and 356 (defamation) of the Bharatiya Nyaya Sanhita (BNS).

The Direct Legal Answer

Here is the direct answer to the questions raised in the original post.

Can I file a criminal case even though her father is a senior bureaucrat?

Yes. The father's position does not, by itself, prevent you from filing an FIR. Police are bound to register a cognizable offence if the complaint discloses one. The father's influence might create procedural hurdles, but a properly filed complaint with solid evidence — and a lawyer pushing the case — will be taken seriously. The key is to have a clear, documented case with no ambiguity.

What is the best first step: a legal notice or an FIR?

Do both. A cease-and-desist legal notice serves as a formal paper trail and a final warning. It often stops mild harassers. But given the obsessive nature of this case, an FIR under the BNS is the stronger move. It triggers a police investigation. The notice and the FIR together show you are serious and willing to escalate. Do not rely on one alone.

What if she files a false counter-complaint?

This is a real risk. If she were to file a false case — say, of outraging her modesty or false promise of marriage — your evidence becomes your shield. Your screenshots, her messages to your friends, and the timeline prove her intent to harass. A counter-complaint for defamation and perjury is also a possibility. Do not let fear of a false case stop you from seeking justice.

Advice in Such Cases

First, stay calm. Do not engage with her at all. No replies, no explanations. Silence is your best tool against a harasser. Second, collect everything — every screenshot, call log, and fake account profile. Organise it by date. Third, tell your close friends what is happening. Ask them to forward any messages they receive from her to you without responding.

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.

This type of matter requires an advocate who regularly handles cyber crime and stalking cases. General practitioners often miss critical nuances in digital evidence handling and the procedural steps needed for a fast police response. Domain-specific experience makes a real difference.

Applicable Sections of Law

The primary offences in this case fall under the Bharatiya Nyaya Sanhita (BNS), 2023.

• Section 78 BNS (Stalking): This directly covers a man following, contacting, or attempting to contact a woman despite clear disinterest. The punishment is up to three years imprisonment for the first conviction and up to five years for subsequent convictions.
• Section 356 BNS (Defamation): Spreading false, defamatory statements about someone with intent to harm their reputation. The punishment is simple imprisonment up to two years, a fine, or both.
• Section 352 BNS (Intentional insult with intent to provoke breach of peace): This may apply to the insulting body-shaming messages sent to friends.
• Section 3(1)(d) of the Information Technology Act, 2000: Criminal liability for sending offensive messages through communication service.

Punishment and Penalties

Stalking (Section 78 BNS): First conviction — imprisonment up to three years and a fine. Second or subsequent conviction — imprisonment up to five years and a fine. This is a cognizable, bailable, and compoundable offence.

Defamation (Section 356 BNS): Simple imprisonment up to two years, a fine, or both. It is non-cognizable, bailable, and compoundable.

The court may also impose a restraining order to prevent further contact. Fines vary depending on the court's discretion and the harm caused.

Jurisdiction — Where to File the Case

The FIR should be filed at the police station with territorial jurisdiction over where the victim resides or where the harassment was received. Since Arjun lived in Pune and received most messages there, the Pune Cyber Crime Police Station was the right venue. For the legal notice, it can be sent to her last known address in the same city.

If the harassment crosses state lines, the cyber crime cell where the victim lives typically takes jurisdiction. For defamation, the court where the victim is located also has jurisdiction. Choosing the correct jurisdiction is critical — a wrong one can delay or derail your case.

What if Police Refuse to File FIR?

Police cannot refuse to register an FIR for a cognizable offence like stalking. If they do, here are your options:

• Approach the Superintendent of Police (SP) under Section 173(4) of the BNSS with a written complaint.
• If that fails, file a private complaint before a Judicial Magistrate under Section 175(3) of the BNSS. The Magistrate can order an investigation.
• As a last resort, file a writ petition before the High Court for a direction to the police to register the FIR.
• Document every refusal in writing — get a receipt or a refusal memo from the police station.

Rights of the Accused

If your ex-partner is arrested, she has certain legal rights:

• Right to remain silent and against self-incrimination under Article 20(3) of the Constitution.
• Right to be informed of the grounds of arrest immediately under Article 22(1).
• Right to consult and be defended by a legal practitioner under Article 22(1).
• Right to be produced before a Magistrate within 24 hours of arrest under Article 22(2).
• Right to a copy of the FIR and all documents relied upon by the prosecution.

Bail Provisions

Stalking under Section 78 BNS is a bailable offence. That means bail is a matter of right for the accused, not a discretion of the court. The accused must be released on bail if she appears and furnishes a bond.

Defamation under Section 356 BNS is also bailable. Practically, this means your ex-partner will likely get bail quickly for these offences. Do not invest hope in her staying in custody. The real value of the FIR is deterrence and the creation of a legal record — not incarceration.

If there were additional non-bailable offences, anticipatory bail under Section 482 BNSS could be sought by the accused. But in your case, bail is straightforward.

Quashing of FIR / Case

If your ex-partner or her family files a quashing petition before the High Court under Section 528 BNSS, they must show that no prima facie offence is made out or that the case is an abuse of process. With solid evidence — fake accounts, multiple messages to friends — your case has a strong basis. Quashing is unlikely to succeed.

However, if the case is compromised and both sides reach a settlement, the High Court may quash the FIR if the offence is compoundable. Given that stalking and defamation are compoundable with permission of the court, a settlement is theoretically possible. But do not agree to settle unless the harassment stops permanently and you have a formal settlement deed.

If You Are the Victim

• Do not respond to any messages from the harasser. Silence starves them of attention.
• Block every fake account immediately. Do not open or read messages from them.
• Report each fake account to the platform (Instagram, Snapchat, Discord) as impersonation or harassment.
• Tell your friends to ignore her and forward you screenshots instead of engaging.
• Write down a timeline of every incident — date, time, platform, what was said. This helps your lawyer and the police.

Documents You Must Keep Ready

• Aadhaar card or any government-issued photo ID.
• Screenshots of all fake accounts, block attempts, and messages received.
• Call logs from unknown numbers showing repeated calls.
• Copies of the breakup text conversation (if relevant to context).
• Your final warning text asking her to stop.
• Friends' screenshots of messages she sent them.
• A typed chronology of events from the breakup to the last harassment.

What Evidence Is Required?

• Primary evidence: Direct screenshots of the defamatory messages and fake accounts.
• Secondary evidence: Call logs, witness statements from friends who received her DMs.
• Digital evidence: IP addresses or device IDs from fake accounts (police can obtain these from platforms through proper procedure).
• Authentication: A certificate under Section 65B of the Indian Evidence Act, 1872 is essential for electronic evidence. Your lawyer must prepare this certificate when producing screenshots and logs.
• Corroborative evidence: Testimony from friends who can confirm the unsolicited nature of her messages.

How the Police Behave in Such Cases

Police are increasingly trained to handle cyber stalking and online harassment. Cyber crime cells in cities like Pune, Bengaluru, and Delhi are usually responsive. They will likely call the victim for a statement, ask for electronic evidence, and then summon the accused. The process is largely documentary at first. If the accused does not cooperate, an arrest may follow. However, since the offence is bailable, the police may simply issue a notice to appear. The key is to stay persistent and follow up every few days until something happens.

Timeline of Legal Process

• Day 1-3: Filing of FIR at the cyber crime police station. Legal notice sent by your advocate.
• Week 1-4: Police investigation — recording your statement, collecting digital evidence, summoning the accused.
• Month 1-2: Filing of chargesheet (police report) before the Magistrate if the offence is made out.
• Month 2-3: Cognizance by the Magistrate and framing of charges.
• Month 3-6: Trial — examination of witnesses, arguments.
• Month 6-12: Judgment and sentencing (if convicted).
• Appeal: Either side can appeal to the Sessions Court within 30 days of the judgment.

Realistically, a straightforward stalking case with strong evidence can resolve in 6-12 months. If the accused cooperates and the offence is bailable, it may be quicker.

How Long Will the Investigation Take?

The police investigation for a non-serious stalking case typically takes 30 to 60 days. The investigating officer will gather all electronic evidence, record your statement, and issue a notice to the accused. If the accused appears and does not contest, the chargesheet may be filed within 60 days. Delays happen if the accused avoids summons, or if the police require technical help from the platform.

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, settlement is possible. Stalking and defamation are compoundable offences, meaning the victim and accused can settle with the court's permission. A compromise deed can be filed before the Magistrate, and the case can be closed. Settlement makes sense if the harassment stops completely and you get a formal apology and an undertaking to never contact you again. Lok Adalat is another option for pre-litigation or pending cases. But do not agree to settle under pressure. Your goal is peace of mind, not a quick deal.

Common Mistakes People Make

• Engaging a lawyer without domain-specific experience: Cyber stalking cases involve digital evidence, platform-specific procedures, and police protocols that a general civil lawyer may not know. A lawyer who regularly handles cyber crime will handle evidence certification and police follow-up much better.
• Deleting evidence: Do not delete messages, call logs, or account screenshots. Save everything in multiple places — cloud, external drive, printed copies.
• Responding to the harasser: Any reply gives her attention and may be used against you. Stay silent.
• Posting about the case on social media: This can weaken your case and give her ammunition. Keep the matter off public platforms.
• Delaying action: The longer you wait, the harder it is to prove the harassment pattern. File your complaint quickly.
• Not informing your friends: Ask friends to forward all her messages to you. Friends play a crucial role as witnesses.

FAQs People Normally Have

Can I file a case if I used a bad word during the breakup?

Yes. A single crude word in a private message during a breakup fight does not bar you from filing a stalking and defamation case. The key is context and pattern. Your one-time remark is not a defence for her weeks-long harassment.

What if she files a false police complaint against me?

It is a risk. Your best defence is your airtight evidence — her fake accounts, her messages to your friends, your warning text. If she files a false case, you can file a counter-complaint for defamation and perjury. Stay calm and let your lawyer handle it.

Will her father's position affect the police investigation?

It might cause some initial reluctance, but a well-documented case with clear evidence will still be pursued by the police. If the local police hesitate, you can approach the SP or a senior officer. Do not let fear of influence stop you.

How soon can I expect the harassment to stop?

Once an FIR is registered and a notice is served, most harassers stop immediately. The fear of police action is usually enough. In some cases, the police may call the accused and give a warning. If the harassment continues, it can lead to arrest under Section 78 BNS.

I have no money — can I still get legal help?

You can approach law school legal aid clinics or pro bono organisations for help drafting a legal notice. However, for an FIR and court proceedings, a professional advocate is strongly recommended. Some advocates offer initial consultations at reduced rates or on a pro bono basis for genuine hardship cases. Do not let cost deter you from taking the first step.

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.