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: If a prospective tenant gives fake 1-star reviews on Google Maps after a token advance dispute, you can file a cyber complaint on cybercrime.gov.in and send a legal notice for defamation. A legal notice often resolves the issue faster than platform appeals, especially when Google's automated review system fails you.
Rohan Gupta, a property owner in Whitefield, Bangalore, had a prospective tenant named Sunil Verma for his residential unit. Sunil paid a token advance of ₹10,000 in early March 2025 but then backed out. The dispute was over the refund — Sunil demanded the full amount back, while Rohan offered ₹3,000 as a gesture because he had held the property off the market for nearly two weeks.
Sunil didn't agree. Instead, he started a fake review campaign. Within days, Rohan's Google Business profile got hit with 8 one-star reviews from different accounts. Some were just ratings, others had bizarre lines like "give my money back" or unrelated accusations. Google's standard appeal process rejected every report as "No Policy Violation." Rohan's verification was pending, so he couldn't reply.
Frustrated, Rohan approached the Chamber of Advocate Sudhir Rao after his own efforts went nowhere. Advocate Sudhir Rao and his office assessed the situation quickly. They sent a formal legal notice to Sunil highlighting the fake reviews as an act of criminal defamation and cyber harassment. A cease-and-desist demand was made. Within a week, Sunil had the reviews taken down and agreed to settle. Advocate Sudhir Rao's experience in handling such online reputation disputes helped secure the favourable outcome for Rohan.
Key Facts of the Case
- The prospective tenant backed out of the rental agreement after paying a token advance of ₹10,000 in early March 2025.
- The dispute centred on whether the token advance was refundable — the owner offered a partial refund of ₹3,000, but the tenant demanded the full amount.
- Instead of accepting, the tenant launched a fake review campaign on Google Maps, posting 8 one-star reviews from multiple accounts.
- Google's automated review system rejected standard reports, and the Business profile verification was still pending.
- The office of Advocate Sudhir Rao sent a legal notice under criminal defamation and cyber harassment provisions.
- The reviews were taken down within a week of the legal notice being served, and the matter was settled out of court.
- No formal cyber complaint on cybercrime.gov.in was required in this instance — the legal notice achieved the result.
The Direct Legal Answer
Should I file a cyber complaint on cybercrime.gov.in for fake Google reviews?
Yes, filing a cyber complaint is a valid option, and it is often recommended. The Information Technology Act, 2000, along with the Bharatiya Nyaya Sanhita, 2023 (BNS), covers cyber harassment and defamation through electronic means. However, the real question is timing. If the reviews are clearly fake, you can file a complaint on cybercrime.gov.in or visit the local cyber crime police station. But the faster route is often a well-drafted legal notice — it carries real legal weight and forces the other party to think twice. In Rohan's case, the legal notice worked immediately.
Are there better alternatives than a cyber complaint?
Yes. Sending a legal notice through an experienced advocate is often faster than waiting for the police to act. Also, if Google's appeal system fails, you can approach the intermediary with a copy of the legal notice or court order. A cease-and-desist notice can pressure the reviewer to take down the posts voluntarily. And if they don't, you have a clear record for a defamation suit or a criminal complaint under Section 356 BNS (defamation) read with Section 79(3) of the IT Act.
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.
Here's another tip: do not respond publicly to those fake reviews if you cannot do so without a verified profile. Anything you say can be twisted. Keep all evidence — screenshots of the reviews, dates, account names, and any messages from the tenant. And for the love of it, do not pay the full refund just to make the problem go away. That sets a terrible precedent.
This kind of matter involves nuanced procedural strategies — like how to approach the cyber crime cell, how to frame the legal notice, and what to do if Google drags its feet. A general practitioner may not spot these angles. An advocate who regularly handles tech and reputation cases will move faster and get better results.
Applicable Sections of Law
Under the Bharatiya Nyaya Sanhita, 2023 (BNS), the key sections are:
- Section 356 BNS — Criminal defamation by words or signs, punishable with simple imprisonment up to two years, or fine, or both.
- Section 318 BNS — Cheating and dishonestly inducing delivery of property, which may apply if fake reviews are used to force a refund.
- Section 79(3) of the Information Technology Act, 2000 — Intermediaries (like Google) must remove unlawful content upon receiving actual knowledge or a court order.
- Section 66A read with 66D of the IT Act — Punishment for identity theft and cheating by personation using computer resources, which covers fake accounts posting malicious content.
Punishment and Penalties
Under Section 356 BNS, defamation is a non-cognizable, bailable, and compoundable offence. The maximum punishment is simple imprisonment up to two years, or fine, or both. If the fake reviews also involve cheating under Section 318 BNS, the punishment can extend to seven years imprisonment and fine. The offence under the IT Act — identity theft under Section 66C — carries imprisonment up to three years and a fine of up to ₹1 lakh. These are serious penalties, which is why a legal notice usually gets results quickly.
Jurisdiction — Where to File the Case
For cyber-related matters, you can file a complaint at the cyber crime cell of the police station that has territorial jurisdiction over where you reside or where the offence occurred. For defamation, the complaint can be filed before the Metropolitan Magistrate or Judicial Magistrate of the First Class in the district where the defamatory material was published or where you suffered the harm. Jurisdiction matters a lot. Filing in the wrong place wastes time and can lead to dismissal. An experienced advocate will ensure you file in the correct forum from day one.
What if Police Refuse to File FIR?
If the police refuse to register an FIR, here's what you can do:
- Approach the Superintendent of Police under Section 173(4) of the BNSS to get a direction for registration.
- File a private complaint before the Magistrate under Section 175(3) of the BNSS. The Magistrate can order the police to investigate.
- As a last resort, file a writ petition before the High Court seeking a direction for registration of FIR.
Keep a written acknowledgement of the refusal or at least a diary number. That record is crucial for the next steps.
Rights of the Accused
Even if you are the victim, it is useful to know the accused's rights so you do not overstep:
- Right to silence — The accused cannot be compelled to be a witness against themselves (Article 20(3) of the Constitution).
- Right to legal representation — The accused has the right to consult and be defended by a lawyer (Article 22).
- Right to be produced before Magistrate within 24 hours — This is a safeguard against illegal detention.
- Right to copy of FIR — The accused can obtain a copy of the FIR to know the grounds of arrest.
- Right to bail — If the offence is bailable, the accused can claim bail as a matter of right.
Bail Provisions
For defamation under Section 356 BNS, the offence is bailable. That means the accused can get bail from the police station itself upon arrest. For offences under the IT Act like identity theft, the offence is generally non-bailable, meaning bail is at the discretion of the court. Anticipatory bail under Section 482 BNSS can be sought if the accused apprehends arrest. The court usually grants anticipatory bail in defamation cases unless there is a clear pattern of repeated harassment. Bail strategy is important — a good advocate knows exactly how to frame the application.
Quashing of FIR / Case
If the defamation case lacks merit, or if the parties have settled, the accused can file a petition under Section 528 BNSS before the High Court to quash the FIR or the case. Grounds include: no prima facie offence made out, abuse of the process of court, or the matter being purely civil in nature. Quashing is a viable strategy in fake review cases if the claimed loss is trivial or the dispute is clearly contractual. However, quashing is not automatic — it requires a strong showing that continuing the case would be oppressive.
If You Are the Victim
- Document everything — take screenshots of every fake review, the reviewer's username, and the date and time.
- Do not engage with the reviewer publicly. Avoid arguing in the comments section.
- Report the reviews through Google's support channels, but also record your attempts and any rejection messages.
- Consult an advocate who handles cyber and reputation cases. Do not try to handle it alone.
- Send a legal notice immediately. It often resolves the matter faster than waiting for the police to act.
Documents You Must Keep Ready
- Screenshots of all fake reviews with timestamps and profile names.
- A copy of the token advance agreement or any written communication with the prospective tenant.
- Bank statements showing the advance payment and any refund offered.
- WhatsApp or email exchanges with the tenant regarding the dispute.
- Google Business profile dashboard screenshot showing the pending verification status.
- A diary note or acknowledgement from the cyber crime cell if you filed a complaint.
- Your identity proof (Aadhaar, PAN, or Voter ID).
What Evidence Is Required?
- Primary evidence: the actual fake reviews captured as screenshots or via a web archiving tool.
- Secondary evidence: emails, WhatsApp chats, or call recordings (if legally permissible) showing the tenant's demand and threats.
- Witness testimony: anyone who saw the reviews or witnessed the tenant's behaviour.
- Expert evidence: a forensic report confirming the reviews originated from specific IP addresses or accounts may be used in serious cases.
- Documentary evidence: bank statements, the rental agreement (if any), and the token receipt.
How the Police Behave in Such Cases
Police may initially treat fake review cases as trivial unless the financial stakes are high or the harassment is severe. They may ask you to settle the matter first. If the complaint is filed online via cybercrime.gov.in, it will be forwarded to the local cyber cell. They may take time to respond. A personal visit with a lawyer often speeds things up. Be prepared for them to say "it's a civil matter." That is not entirely accurate — fake reviews with malicious intent are a criminal offence, and your advocate can press this point.
Timeline of Legal Process
- Step 1: Legal notice sent — 2 to 3 days to prepare and send.
- Step 2: Response from the tenant — typically 15 to 30 days.
- Step 3: Cyber complaint (if needed) — registration within 7 days, investigation may take 30 to 60 days.
- Step 4: Filing defamation complaint before Magistrate — 2 to 4 weeks for summons to issue.
- Step 5: Trial (if not settled) — 6 months to 2 years, depending on court backlog.
- Step 6: Judgment and execution — can take another 6 months.
Most fake review cases settle at the legal notice stage itself, which is what happened in Rohan's case.
How Long Will the Investigation Take?
If the police register an FIR under the BNS or IT Act, the investigation typically takes 30 to 60 days. The police will collect evidence from Google, trace the IP addresses, and record statements. If the accused cooperates, it may be quicker. If not, the investigation can extend to 90 days before the chargesheet is filed.
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. Fake review disputes are often settled out of court. A compromise deed can be signed where the tenant agrees to remove the reviews and apologise, and the property owner agrees to drop all legal proceedings. For criminal defamation (Section 356 BNS), the offence is compoundable, meaning the victim can agree to settle the case even after filing. Mediation or Lok Adalat can also be used. In fact, settlement is always advisable in such cases because litigation is time-consuming and public. A clean settlement saves everyone's time and reputation.
Common Mistakes People Make
- Responding publicly to fake reviews: Arguing in the comments section only escalates the conflict and gives the fake reviewer more visibility.
- Paying the full refund to stop the reviews: This sends the wrong signal and encourages others to try the same tactic.
- Not documenting evidence immediately: Once the reviews are taken down, you lose proof of the harassment. Take screenshots right away.
- Engaging with the tenant without a lawyer: Any statement you make can be used against you later. Let your advocate handle all communication.
- Choosing a lawyer without domain-specific experience: Fake reviews and cyber defamation involve nuanced technical and legal issues — from IT Act provisions to Google's content policies. A general practitioner may not know how to frame the legal notice correctly or how to approach the cyber cell effectively. Domain-specific experience matters for procedural strategy and evidence handling.
FAQs People Normally Have
Can I file a complaint against Google for not removing fake reviews?
India's IT Act gives intermediaries immunity if they comply with takedown requests upon receiving actual knowledge. If Google refuses after a legal notice or court order, you can file a complaint. But generally, Google acts once they receive a proper legal notice or court order.
What if the fake reviewer is not traceable?
You can still file a complaint. The police can request Google to provide the IP address or account details of the reviewer. This is standard procedure under the IT Act.
Can I claim compensation for loss of reputation?
Yes, in a civil defamation suit, you can claim monetary damages for loss of reputation and business. The court will assess the quantum based on the extent of harm.
Is sending a legal notice mandatory before filing a complaint?
No, it is not mandatory, but it is highly recommended. A legal notice often resolves the matter before it reaches court, saving time and money.
What if the tenant removes the reviews after the legal notice but then re-posts them?
That would be a clear act of contempt and harassment. You can then file a criminal complaint and seek stricter action — including an arrest warrant if the conduct is repeated.
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.