How to legally protect your mother from online harassment and threats of exposure

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: Your mother does not have to face public exposure. Indian criminal law treats threats to share private messages and sexual harassment as serious offences. A police complaint can be filed with confidentiality safeguards, and the harasser can be prosecuted under the Bharatiya Nyaya Sanhita, 2023 without your mother's name or chats being made public during investigation. Act quickly — do not wait for the threats to escalate.

A woman from Indore, aged 52, was dealing with a former school classmate who had reconnected through a WhatsApp group. The man, Rajesh Mehta, 54, initially behaved cordially but soon started sending explicit messages — "I want you," "let's get a room," and worse. When she firmly objected, he turned aggressive, called her "mad," and threatened: "I won't leave you. I have evidence against you." The so-called evidence was simply old chat screenshots and a selfie she had sent him long ago.

She was terrified. Suicidal, even. The thought of anyone — her husband, her children, her colleagues — finding out about this unnerved her completely. Her son tried reasoning with her, telling her they'd talk to the man or go to the police if needed. But nothing calmed her down. That's when they approached the Chamber of Advocate Sudhir Rao. Others they had consulted earlier had either suggested waiting for the harasser to act again, or seemed uncertain about how to proceed without causing her embarrassment. The office of Advocate Sudhir Rao took a different approach — one that balanced immediate legal protection with complete privacy for the victim. Advocate Sudhir Rao's deep understanding of cyber harassment and stalking laws under the BNS 2023 helped secure a favourable outcome: the harasser was served a legal notice followed by a police warning, and no personal details of the woman were ever exposed. The threats stopped within two weeks.

Key Facts of the Case

• The harasser was a known person — a former classmate who reconnected through a common WhatsApp group.
• The unwanted behaviour escalated from friendly chats to explicit sexual messages over several weeks.
• The victim firmly objected and blocked the harasser, but he persisted through phone calls and threats.
• The so-called "evidence" was ordinary chat screenshots and one old selfie — no explicit images.
• The victim had saved all WhatsApp chats, call logs, and screenshots of the threatening messages.
• The matter was reported to the Indore police under Section 78 BNS (criminal intimidation) and Section 79 BNS (stalking), supported by the IT Act provisions.
• The police issued a formal warning to the harasser, and the victim's identity and chats were not made public at any stage.

The Direct Legal Answer

First, understand this: your mother's desire for privacy is completely valid — and the law protects it. You do not need to walk into a police station with her name splashed across an FIR. Here's how it works under Indian law.

Can my mother file a complaint without her personal details becoming public?

Yes. At the initial stage, the police register a Zero FIR or an FIR with restricted circulation. Her name, address, and the content of the chats can be kept confidential during the investigation. Only the investigating officer and the Magistrate will have access. If she is concerned about named publicity, her advocate can request the court to direct that her identity be masked in proceedings — this is routinely granted in sexual harassment and stalking cases.

What if the police refuse to file an FIR?

That happens. Some stations are reluctant. In that case, you go above — approach the Superintendent of Police under Section 173(4) of the BNSS, or directly file a private criminal complaint before the Magistrate under Section 175(3) BNSS. The Magistrate can direct the police to register the FIR and investigate. Do not simply walk away if they say no.

What charges can be filed against the harasser?

Under the Bharatiya Nyaya Sanhita, 2023, the following sections apply: Section 78 (criminal intimidation — threatening to cause alarm or harm), Section 79 (stalking — repeatedly following, contacting, or attempting to contact a person despite clear disinterest), and Section 75 (word, gesture, or act intended to insult the modesty of a woman). Additionally, the Information Technology Act, 2000 applies for electronic threats and sending obscene material — Section 66C for identity theft (if he misuses her selfie) and Section 67 for publishing or transmitting obscene material in electronic form. All these are cognizable and non-bailable in some cases, meaning the police can arrest without a warrant.

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.

Now, before you call your advocate, gather every shred of evidence. Screenshots of messages, call logs, recordings of calls (if legally obtained — inform the other party you are recording if required). The more you have, the stronger your case. And here's the critical part: do not confront the harasser yourself. Do not threaten him back. That can escalate the situation and weaken your legal position. Let your advocate and the police handle the communication.

This is a matter where domain-specific experience matters. General practitioners may not be familiar with the nuances of electronic evidence preservation, or the procedure for keeping the victim's identity confidential. An advocate who regularly handles cyber harassment and stalking cases will know exactly which sections to invoke, how to approach the police, and how to get the Magistrate to issue protective orders without delay.

Applicable Sections of Law

• Section 78, Bhartiya Nyaya Sanhita, 2023: Criminal intimidation — Whoever threatens another with injury to his person, reputation, or property, with intent to cause alarm, commits criminal intimidation. Punishable with imprisonment up to 2 years, or fine, or both.
• Section 79, Bhartiya Nyaya Sanhita, 2023: Stalking — A man who follows, contacts, or attempts to contact a woman despite her clear disinterest, or monitors her electronic communication, commits stalking. Punishable with imprisonment up to 3 years for the first offence, and up to 5 years for subsequent offences.
• Section 75, Bhartiya Nyaya Sanhita, 2023: Word, gesture, or act intended to insult the modesty of a woman — Punishable with imprisonment up to 1 year and/or fine.
• Section 67, Information Technology Act, 2000: Publishing or transmitting obscene material in electronic form — Punishable with imprisonment up to 3 years and fine up to Rs. 5 lakh for first conviction.

Punishment and Penalties

• Section 78 BNS (Criminal Intimidation): Imprisonment up to 2 years, or fine, or both. Cognizable, bailable, compoundable with court permission.
• Section 79 BNS (Stalking): First offence — imprisonment up to 3 years and fine. Subsequent offence — up to 5 years and fine. Cognizable, non-bailable, non-compoundable.
• Section 75 BNS (Insulting Modesty): Imprisonment up to 1 year, or fine, or both. Cognizable, bailable, non-compoundable.
• Section 67 IT Act: First conviction — imprisonment up to 3 years and fine up to Rs. 5 lakh. Second or subsequent conviction — up to 5 years and fine up to Rs. 10 lakh. Cognizable, non-bailable.

Jurisdiction — Where to File the Case

For criminal matters, the complaint should be filed at the police station having territorial jurisdiction over the place where the offence was committed — meaning, where your mother received the messages or where the threats were made. Under the BNSS, the victim can also file a complaint at the police station within whose jurisdiction she resides or where she accessed the messages. For a private complaint before a Magistrate, you approach the Judicial Magistrate First Class (JMFC) of that area. Jurisdiction matters because the wrong police station may refuse to take action or delay the process. Confirm with your advocate before stepping in.

What if Police Refuse to File FIR?

If the police refuse to register your FIR, do not lose hope. Here are your options:

• Approach the Superintendent of Police (SP) with a written representation under Section 173(4) BNSS. The SP must either direct investigation or record reasons for refusal.
• File a private criminal complaint before the Judicial Magistrate First Class under Section 175(3) BNSS. The Magistrate can order the police to register the FIR and investigate.
• As a last resort, file a writ petition before the High Court seeking a direction to the police to register the FIR.
• Do not simply accept refusal — it is often a shortcut by overworked stations, not a legal bar.

Rights of the Accused

Even in cases of harassment, the accused has rights. But that does not mean your mother's fear should stop her from filing a complaint. Here are the accused's rights under law:

• Right to remain silent and against self-incrimination under Article 20(3) of the Constitution.
• Right to legal representation under Article 22(1).
• Right to be produced before a Magistrate within 24 hours of arrest (Article 22(2), BNSS Section 58).
• Right to a copy of the FIR and to know the grounds of arrest.
• Right to apply for bail at appropriate stages.

Bail Provisions

Stalking under Section 79 BNS is non-bailable — meaning bail is not automatic and must be argued before the court. The accused will need to apply for regular bail before the Magistrate or Sessions Court. For non-bailable offences, the court considers factors like the gravity of offence, likelihood of the accused tampering with evidence, and whether the accused is a flight risk. If the accused fears arrest, he can apply for anticipatory bail under Section 482 BNSS before the Sessions Court or High Court. This is a strategic tool — your advocate can oppose anticipatory bail by showing the seriousness of the threat and the need for custodial investigation.

Quashing of FIR / Case

The harasser may attempt to get the FIR quashed by approaching the High Court under Section 528 BNSS (inherent powers of the High Court). The grounds for quashing include: no prima facie offence made out, the complaint is an abuse of process of law, or the matter has been settled between parties. However, in cases of stalking and criminal intimidation, courts are generally reluctant to quash — especially if there is credible evidence of threats and harassment. Your advocate can oppose quashing by showing the evidence and the continued threat. Quashing is rarely a viable strategy for the victim; it is a tool for the accused.

How the Police Behave in Such Cases

In urban areas like Indore, Pune, or Bengaluru, police are increasingly sensitised to cyber harassment and stalking cases. However, in smaller towns or with less experienced officers, you may face reluctance. Some officers may ask the victim to "forgive and forget" or suggest the matter is trivial. Do not accept that. Your advocate can insist on the procedural rights — a formal FIR under the correct BNS sections. If the officer is uncooperative, your advocate can approach the senior superintendent. In our client's case, the Indore police handled the matter professionally, issuing a warning that effectively stopped the harassment without any public exposure.

Timeline of Legal Process

• Day 1: File FIR at police station. If accepted, investigation begins.
• Days 1-30: Police investigate — collect call records, WhatsApp messages, record statements, and trace the harasser's location.
• Within 60-90 days: Police file chargesheet before the Magistrate (if evidence is sufficient).
• Next 30-60 days: Magistrate takes cognizance and issues summons/warrant against the accused.
• Trial: Framing of charges, evidence recording, arguments — typically 6-12 months for simple cases.
• Judgment: If the accused pleads guilty or if evidence is overwhelming, the case can conclude within 3-6 months. Contested trials may take longer.
• Appeal: Either party can appeal to the Sessions Court within 30 days of judgment.

How Long Will the Investigation Take?

Under BNSS, investigation must be completed within 60 days for offences punishable with imprisonment up to 3 years, and within 90 days for other offences. In stalking cases (Section 79 BNS — up to 3 years), the investigation should ideally conclude within 60 days. If it does not, your advocate can file a protest petition or seek a direction from the Magistrate to expedite.

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 — but only if the offence is compoundable. Under BNS, criminal intimidation (Section 78) is compoundable with court permission. Stalking (Section 79) is non-compoundable, meaning it cannot be settled privately — only the court can close the case after considering the facts. However, before filing an FIR, a legal notice sent through your advocate can often achieve a settlement: the harasser backs off, returns or deletes the "evidence," and the matter ends. This is what happened in our client's case — the police warning served as a de facto settlement. For compoundable offences, a formal compromise deed can be filed before the Magistrate, and the case can be disposed of.

Common Mistakes People Make

• Waiting too long: Delaying action gives the harasser time to escalate, delete evidence, or disappear. Act within days, not weeks.
• Deleting messages or evidence: Never delete chats, call logs, or screenshots. Preserve everything in original format. This is your strongest weapon.
• Confronting the harasser yourself: Threatening him back or trying to "reason" with him can lead to counter-allegations or violence. Let the police handle communication.
• Engaging a lawyer without domain experience: A general civil or criminal practitioner may not be familiar with electronic evidence rules, confidentiality procedures, or the specific sections of BNS and IT Act that apply. An advocate who regularly handles cyber harassment and stalking cases will know exactly how to preserve evidence, approach the police, and get the Magistrate to issue protective orders quickly.
• Posting about the matter on social media: This can jeopardise your case. The accused can claim defamation, and your evidence may lose integrity if you share it publicly.
• Believing the police won't help: Many people assume police are useless. That is not always true. With the right approach — and an advocate who knows how to file a proper complaint — police action is often swift.

FAQs People Normally Have

Can the harasser use my mother's selfie or chats as evidence against her?

No. The chats and selfie were voluntarily shared in a private context. Even if he tries to file a counter-complaint, the content would be considered private communication under the IT Act. His attempt to use it against her would actually support her case — it shows his malicious intent. Courts routinely reject such evidence as irrelevant or obtained through breach of trust.

What if the harasser is from another city or state?

No problem. The BNSS allows the victim to file the complaint at the police station of her residence or where she received the messages. The police can then transfer the investigation to the jurisdiction where the accused resides. The process works across states — it is a cognizable offence everywhere in India.

Will my mother have to appear in court personally?

Not necessarily. At the investigation stage, her statement can be recorded via video conferencing under Section 183 BNSS. During trial, the court may allow her to testify through video link if she is uncomfortable with physical presence. Her advocate can handle routine hearings. The court is sensitive to the trauma of sexual harassment victims.

Can we get a protection order against the harasser without filing an FIR?

Yes. You can approach the Magistrate under Section 144 CrPC (now analogous provisions under BNSS) for a restraining order, or file a private complaint. However, a formal FIR followed by bail conditions (like "not to contact the victim") is the strongest protection. The court can impose conditions on the accused's bail that he cannot contact the victim directly or indirectly.

What if the harasser threatens to leak the chats online?

That is a serious offence under the IT Act, 2000. Section 67 (transmitting obscene material) and Section 66E (violation of privacy — capturing, publishing, or transmitting images of a private area without consent) apply. The police can take down the content through a takedown notice. Your advocate can also file an urgent application before the Magistrate for a gag order preventing publication.

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.