If you are stuck in such a situation, here is what to do.

A disturbing incident has come to light from the city of Jayanagar, where an Instagram page named ‘CoupleConnect’ was found to be misusing photographs of women without their consent. According to a complaint filed by Mr. Alok Verma, the page operator would take profile pictures of women, including his partner, Ms. Priya Singh, and her friends, and create posts “shipping” them with men who requested it. This activity caused significant distress and shock to the victims, with Ms. Singh feeling compelled to remove her own profile picture to avoid further harassment. This act of creating and sharing such content without permission is not only a gross violation of privacy but also a serious offence under Indian law.

Advice in such cases

• Document Everything: Take screenshots of the offending Instagram page, the specific posts, the comments section, and the page’s profile information. Make sure the URL is visible in the screenshots.
• Report the Profile: Use Instagram’s built-in reporting tools to report the profile and the specific posts for harassment, privacy violation, and unauthorized use of photos. Encourage others affected to do the same.
• Do Not Engage: Avoid direct contact or confrontation with the page owner. Any communication can potentially escalate the situation or be used against you.
• File a Police Complaint: Visit the nearest Cyber Crime police station or file a complaint online through the National Cyber Crime Reporting Portal (cybercrime.gov.in).
• 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

Several provisions under Indian law can be invoked in such a scenario:

• Bharatiya Nyaya Sanhita, 2023 (BNS):
  • Section 72 (Voyeurism): If a private picture is captured and shared without consent, this section may apply.
  • Section 85 (Stalking): Repeatedly accessing someone’s online profile to monitor them and cause distress can be considered stalking.
  • Section 79 (Outraging the modesty of a woman): Publishing a woman’s photo in a suggestive or derogatory manner without her consent can amount to outraging her modesty.
  • Section 351 (Defamation): If the posts harm the reputation of the individual, a case for defamation can be made.
• Information Technology Act, 2000:
  • Section 66E (Punishment for violation of privacy): This section criminalizes the act of capturing, publishing, or transmitting the image of a private area of any person without their consent.
  • Section 67 (Punishment for publishing or transmitting obscene material in electronic form): If the content is deemed obscene, this section is applicable.

If you are the complainant

If you are someone like Mr. Verma, whose partner or friend is a victim, your role is crucial:

• Provide Support: The primary role is to offer emotional and practical support to the victim, who is likely experiencing significant distress.
• Assist in Evidence Collection: Help the victim gather all necessary evidence, such as screenshots and URLs, without altering them.
• Accompany the Victim: Offer to accompany the victim to the police station or a lawyer’s office. Navigating the legal system can be intimidating, and your presence can be a source 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.

If you are the victim

If your photo has been misused, like in Ms. Singh’s case, here are the steps you should take:

• Secure Your Profiles: Immediately change your social media privacy settings to the highest level. You may consider making your profile private temporarily.
• Gather Evidence: Before the posts are taken down, collect all possible evidence. Take screenshots and record screen videos of the offending content and profile.
• File a Formal Complaint: The first official step is to file a First Information Report (FIR) with the Cyber Crime Cell. You can do this online or by visiting the nearest police station.
• Inform the Platform: Formally report the issue to Instagram through their help center, providing all the evidence you have collected. This can lead to the page being taken down.
• 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

Upon receiving a complaint, the Cyber Crime police are mandated to register an FIR under the relevant sections of the BNS and the IT Act. They will initiate an investigation, which typically involves sending a notice to the social media intermediary (Instagram in this case) under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) to obtain details of the user who created the page, such as their IP address and registration information. While some officers are proactive, the process can sometimes be slow. Persistent follow-up, often facilitated by a lawyer, is key to ensuring the investigation progresses effectively.

FAQs people normally have

What evidence is required?

The most crucial evidence includes:

• Screenshots of the Instagram profile and the specific posts containing the unauthorized photos.
• The URL of the profile and the posts.
• Any communication or messages received from the page or related accounts.
• Details of witnesses, if any, who also saw the posts.

How long will the investigation take?

The duration of a cybercrime investigation can vary significantly. It depends on factors like the responsiveness of the social media platform in providing user data, the technical complexity of tracing the accused (who may be using VPNs), and the caseload of the investigating agency. It can range from a few weeks to several months. A lawyer can help in filing applications to expedite the process.

Advocate Sudhir Rao, Supreme Court of India