If you are stuck in such a situation, here is what to do.
A family from Jaipur is facing extreme distress due to the persistent harassment and blackmail by their daughter's former partner. The daughter, Ms. Anjali, was in a long-term relationship with a man named Mr. Vikram. A few years ago, when the prospect of marriage arose, her parents, the Sharmas, met Mr. Vikram's family. They discovered he was unemployed, financially dependent on his brother, and lived with his elderly parents. Citing these concerns, the Sharmas rejected the marriage proposal and advised their daughter to cease all contact.
Following the rejection, Mr. Vikram began a campaign of harassment. He sent abusive and threatening messages to the family. The family has preserved screenshots of these messages as evidence. Recently, as Ms. Anjali got engaged to another person, Mr. Vikram's harassment has escalated. He started blackmailing the entire family, sending messages to Mr. Sharma from various unknown numbers, threatening to ruin Ms. Anjali's life. He would make numerous calls to Mrs. Sharma late at night. The family has been blocking each number, but he continues to find new ways to contact them.
The messages revealed Mr. Vikram's manipulative behaviour during the relationship, where he would demean Ms. Anjali with hurtful comments about her appearance. He has now extended his harassment to social media, posting defamatory comments on public profiles and messaging family acquaintances with false and cheap allegations about Ms. Anjali. The situation has taken a severe toll on the family's mental health, especially since Mr. Sharma is a heart patient. They feel helpless and are seeking a way to end this ordeal before Ms. Anjali's wedding.
Advice in such cases
When facing such a situation, it is crucial to act decisively and legally. Here are the steps you should consider:
- Cease All Communication: Do not respond to the harasser's calls, texts, or messages. Any engagement can be misconstrued or used to prolong the harassment. Block him on all platforms.
- Document Everything: Keep a meticulous record of every incident. This includes screenshots of messages, call logs, social media comments, and any other form of communication. Note the date, time, and content of each interaction.
- Inform Your Close Circle: While it may be difficult, inform close family members and friends about the situation. Their support is vital, and they can also serve as witnesses if needed.
- File a Police Complaint: Approach the nearest police station, preferably one with a women's help desk, and file a First Information Report (FIR). Provide them with all the documented evidence.
- 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 of 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.
Applicable Sections of Law
The actions of the harasser fall under several penal provisions of Indian law. With the implementation of the new criminal laws, the following sections are relevant:
- Section 77 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section deals with Stalking. Following a woman, contacting or attempting to contact her to foster personal interaction repeatedly despite a clear indication of disinterest, or monitoring her online activity is a punishable offence.
- Section 351 of the Bharatiya Nyaya Sanhita (BNS), 2023: This covers Criminal Intimidation. Threatening to injure a person's reputation or property to cause alarm is an offence. The threats to ruin the woman's life fall squarely under this section.
- Section 356 of the Bharatiya Nyaya Sanhita (BNS), 2023: This pertains to Defamation. Spreading false and malicious information about the woman to family friends and on social media with the intent to harm her reputation is punishable under this section.
- Section 79 of the Bharatiya Nyaya Sanhita (BNS), 2023: This addresses the offence of insulting the modesty of a woman through words, gestures, or acts. The abusive and lewd messages qualify as an offence under this section.
- The Information Technology Act, 2000: Sections such as 66E (violation of privacy) and 67 (publishing or transmitting obscene material in electronic form) can also be invoked for online harassment and blackmail.
If you are the complainant
As the person filing the complaint on behalf of the victim, you should take the following steps:
- Prepare a Written Complaint: Draft a clear and chronological account of all events. Mention the history of the relationship, the rejection of the proposal, and every instance of harassment, threats, and blackmail that followed.
- Submit Evidence: Attach printouts of screenshots, call records, and any other digital evidence to your complaint. If there are witnesses, mention their names and willingness to testify.
- Request Specific Action: In your complaint, clearly state that you want an FIR to be registered under the relevant sections of the BNS and IT Act, and request immediate action to stop the harassment.
- Follow Up: After filing the complaint, obtain a copy of the FIR. Regularly follow up with the Investigating Officer (IO) on the progress of the investigation.
- 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 of 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.
If you are the victim
If you are the one being targeted, your safety and well-being are the top priorities.
- Do Not Engage: It is critical not to reply to the harasser. Any response can fuel their behaviour. Preserve your mental peace by disengaging completely.
- Secure Your Digital Presence: Make all your social media profiles private. Review your friend lists and remove any suspicious or unknown contacts. Be cautious about what you post online.
- Inform Your Fiancé and Future In-laws: It is advisable to inform your partner and his family about the situation. Their understanding and support will be crucial in navigating this challenge together and will prevent the harasser from creating misunderstandings.
- Seek Support: Talk to a trusted friend, family member, or a professional counsellor. Dealing with such trauma can be emotionally draining, and seeking support is a sign of strength.
- 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 of 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.
How the police behave in such cases
The police are mandated to take complaints related to women's safety very seriously. Upon receiving a complaint of stalking, harassment, or blackmail, they are expected to register an FIR without delay. The investigation will involve collecting the evidence you provide, analyzing call data records, and tracing the IP addresses used for online harassment. The police will summon the accused for questioning and, based on the severity of the offence and the evidence, may proceed with an arrest to prevent further harassment. The new Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, emphasizes a time-bound investigation, and the police are trained to be sensitive and supportive towards victims in such cases.
FAQs people normally have
What evidence is required?
Strong evidence is key to building a solid case. This includes:
- Screenshots of all abusive messages, comments, and threats from apps like WhatsApp, Instagram, Facebook, etc.
- Call logs showing repeated calls from the accused's numbers.
- Audio or video recordings of any threatening conversations, if legally obtained.
- Statements from witnesses who have seen the online harassment or have been contacted by the accused.
- Any emails or other forms of digital communication.
How long will the investigation take?
The duration of an investigation can vary depending on the complexity of the case and the cooperation of various parties. However, the BNSS has introduced provisions to expedite the process. For offences punishable with imprisonment of up to three years, the investigation is expected to be concluded swiftly. Your lawyer can help in filing applications to expedite the process if there are undue delays.
Advocate Sudhir Rao, Supreme Court of India