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.
Around mid-February 2025, a young woman from Gomti Nagar, Lucknow, reached out through a mutual contact after a deeply distressing experience. A man she had briefly interacted with on an online community forum had started sending unsolicited messages, asking her and several other women in the group to meet him in person. It soon became clear he had been doing this systematically, targeting women and girls across Lucknow, Kanpur, and nearby towns.
The situation was alarming for another reason. Several of the women he had messaged were minors. Some had been approached at public meetups he had organised through the online platform, and a group of women who had connected with each other online agreed to speak about their experiences — but the text conversations they had saved were fragmented, and no single victim held a complete picture of the pattern.
She had initially approached a general civil lawyer. That lawyer suggested waiting to gather "harder" evidence. Weeks passed. Nothing improved. When she came to our office, we took a different approach entirely, coordinating the accounts of multiple complainants under a single, structured complaint, invoking both the Bharatiya Nyaya Sanhita provisions on sexual harassment and stalking, and the Protection of Children from Sexual Offences Act for the minor victims. The Cyber Crime Cell was engaged simultaneously. The accused was identified, and authorities were formally moved within ten days. The matter is now under active investigation.
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 everything immediately. Take screenshots of all messages, profile pages, and any online activity the accused has engaged in before he deletes his accounts or changes his phone number. Courts treat digital evidence as admissible under the Bharatiya Sakshya Adhiniyam, 2023, but it must be preserved carefully and ideally certified. Don't wait even a day on this.
Organise multiple complainants together: Where several women are willing to speak, a joint complaint filed with the police carries substantially more evidentiary weight than individual complaints filed separately. Co-ordinate before approaching the police station so that accounts are consistent and corroborated. And here's the thing, a pattern of conduct is far harder to dismiss than an isolated incident.
Engage domain-specific experience: Cases involving online predation, sexual harassment across digital platforms, and offences against minors sit at the intersection of criminal law, cyber law, and child protection statutes. A general practitioner won't always be familiar with the procedural requirements under POCSO, the cyber evidence certification process, or how to present a pattern of conduct as a criminal case. An advocate who regularly handles such matters brings strategic clarity that can significantly affect the outcome. Frankly, the difference can be decisive.
Applicable Sections of Law
- Section 74 BNS (Sexual Harassment): Covers making sexually coloured remarks, demanding sexual favours, or any unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
- Section 78 BNS (Stalking): Applies to any person who monitors, follows, or contacts a woman repeatedly against her will, including through electronic communication and online platforms.
- Section 11 read with Section 12, Protection of Children from Sexual Offences Act, 2012 (POCSO): Covers sexual harassment of a child, including online communication with sexual intent directed at a minor.
- Section 66E and Section 67B, Information Technology Act, 2000: Address violation of privacy through electronic means and publishing or transmitting sexually explicit material involving children, respectively.
Punishment and Penalties
- Section 74 BNS (Sexual Harassment): Imprisonment up to three years with fine, or fine only depending on severity. Cognizable and non-bailable in cases involving aggravated circumstances.
- Section 78 BNS (Stalking): First conviction — imprisonment up to three years and fine. Second or subsequent conviction — imprisonment up to five years and fine. Cognizable, non-bailable.
- POCSO Section 11/12: Imprisonment up to three years and fine. Cognizable, non-bailable, non-compoundable.
- IT Act Section 67B: Imprisonment up to five years and fine up to Rs. 10 lakhs on first conviction; up to seven years and fine up to Rs. 10 lakhs on second conviction.
Jurisdiction — Where to File the Case
Jurisdiction trips people up more than you'd expect. For harassment and stalking offences under the BNS, the complaint should be filed at the police station having territorial jurisdiction over the area where the incident occurred or where the victim resides. Because this predator operated across multiple cities, the cyber crime police station, available in most major cities and also accessible via the National Cyber Crime Reporting Portal at cybercrime.gov.in, is often the most practical and efficient forum. POCSO offences are triable by a Special Court designated under POCSO in the relevant district. Filing in the wrong forum can delay investigation and weaken interim relief applications, so get this right from the start.
What if Police Refuse to File FIR?
Refusal to register an FIR in a cognizable matter is itself an offence. As the Supreme Court held in Lalita Kumari v. Government of UP, (2014) 2 SCC 1, registration of FIR is mandatory where the information discloses a cognizable offence. Here's what you do if the police still refuse:
- Submit a written complaint to the Superintendent of Police (SP) of the district under Section 173(4) BNSS, requesting that an FIR be registered.
- File a private complaint directly before the Judicial Magistrate First Class under Section 175(3) BNSS, attaching all digital evidence and witness statements.
- Approach the Cyber Crime Cell separately — this often moves faster than a local police station in online harassment cases.
- As a last resort, file a writ petition before the High Court under Article 226 of the Constitution seeking a direction to register the FIR and investigate.
Rights of the Accused
Even in serious cases, the law guarantees procedural rights to an accused person. Now, before you act, understand these rights — because knowing them helps you anticipate defence arguments and prepare accordingly:
- 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 of the Constitution and the BNSS, including the right to engage an advocate of his choice from the time of arrest.
- Right to be produced before a Magistrate within 24 hours of arrest, excluding travel time, under Section 58 BNSS.
- Right to know the grounds of arrest and to receive a copy of the FIR, as affirmed in D.K. Basu v. State of West Bengal, (1997) 1 SCC 416.
- Right to a fair and speedy trial under Article 21, as interpreted in Hussainara Khatoon v. State of Bihar, (1980) 1 SCC 81.
Bail Provisions
Stalking under Section 78 BNS and POCSO offences are non-bailable. Bail can't be claimed as a right at the police station — it must be sought before a Magistrate or Sessions Court.
- Anticipatory bail under Section 482 BNSS can be sought before the Sessions Court or High Court if the accused apprehends arrest.
- Regular bail under Section 480 BNSS may be applied for after arrest before the Magistrate, and under Section 483 BNSS before the Sessions Court if the Magistrate declines.
- Typical bail conditions in such matters include surrender of passport, prohibition on contacting the complainants, and restriction on online activity.
- In POCSO matters, courts tend to be conservative about granting bail, particularly where the accused is alleged to have targeted multiple victims.
Quashing of FIR / Case
The accused may approach the High Court under Section 528 BNSS (inherent powers) to seek quashing of the FIR. But make no mistake — quashing is not easily granted in cases involving sexual harassment of women or offences under POCSO. Grounds typically considered include absence of a prima facie cognizable offence, abuse of legal process, or where the complainant and accused have genuinely settled a compoundable matter. As held in State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335, courts exercise inherent powers to quash only in the rarest of cases. POCSO offences are non-compoundable and cannot be quashed on the basis of a private settlement between parties.
If You Are the Victim
Act fast. The window to preserve digital evidence is narrow, and predators know how to disappear online.
- Screenshot and preserve every message, post, and profile before the accused can delete or modify them. Use screen recording for dynamic content.
- File a complaint on the National Cyber Crime Reporting Portal (cybercrime.gov.in) immediately — this creates a formal digital record even before you visit a police station.
- Connect with other victims who have faced similar behaviour from the same accused, as corroborated testimony from multiple women significantly strengthens the case.
- Do not meet or respond to the accused after the harassment begins — any further contact can be used to muddy the narrative in court.
- Approach the police with a written, dated complaint rather than an oral one, and keep a copy with acknowledgement.
Documents You Must Keep Ready
- Government-issued identity proof (Aadhaar card, PAN card, Voter ID)
- Screenshots or screen recordings of all harassing messages, with timestamps visible
- Records of the accused's online profiles (URLs, usernames, display pictures archived)
- Phone number(s) used by the accused, call logs if available
- Names and contact details of other women willing to testify
- Any record of physical meetings or attempts to meet arranged through the platform
- Copy of complaint filed on cybercrime.gov.in and its acknowledgement number
- Medical or psychological evaluation report if trauma or distress has been formally diagnosed
What Evidence Is Required?
- Digital messages and chat logs: Primary evidence. Must be preserved in original format on the device. Certified copies under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 are required for court admissibility.
- Witness testimony from multiple victims: Corroborative evidence. Multiple independent accounts establishing a pattern of conduct are powerful before a trial court.
- Platform activity records: Posts, invitations, and comments made by the accused on the online forum, archived with URLs and timestamps.
- Call detail records (CDRs): Obtainable by police on investigation; links the accused's phone number to victim contact.
- IP address logs: Requested from the platform by police through a formal requisition; establishes digital identity of the accused even where usernames change.
- Expert witness report: A forensic examiner's report certifying the authenticity of digital evidence, particularly important where the defence may challenge the screenshots as fabricated.
How the Police Behave in Such Cases
Online harassment cases are increasingly taken seriously by cyber cells. But the ground reality at local police stations can be inconsistent, and I say this from years of watching complaints stall unnecessarily. Officers unfamiliar with digital evidence procedures may ask complainants to produce "harder proof" before registering an FIR, which is not legally required for a cognizable offence. There may also be reluctance where the accused hasn't physically assaulted anyone. Approaching the Cyber Crime Cell directly, rather than a general police station, often produces a faster and more technically informed response. Having a lawyer accompany the complainant to the station, or submit a written legal notice simultaneously, tends to change the tone of the inquiry considerably.
Timeline of Legal Process
- FIR Registration: Day 1 to Day 3 (if police cooperate; otherwise through Magistrate complaint)
- Investigation (Cyber Cell and local police): 2 to 6 weeks for initial digital evidence gathering; CDRs and IP data take time
- Arrest (if warranted): Upon identification; bail hearing within 24 hours of arrest
- Chargesheet filing: Within 60 to 90 days of arrest under BNSS timelines
- Cognizance and framing of charges by court: 3 to 6 months from chargesheet
- Trial (examination of witnesses, cross-examination): 1 to 3 years depending on court load and number of witnesses
- Judgment: Post-trial; appeals possible before Sessions Court and High Court
How Long Will the Investigation Take?
In cyber-related harassment cases, the investigation timeline depends significantly on the speed of data preservation and cooperation from digital platforms. Initial digital evidence gathering through the Cyber Cell typically takes three to six weeks. IP address identification and CDR analysis may add another two to four weeks. Where the accused keeps changing phone numbers, the process stretches further,