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

A group of young women in the city of Jaipur are facing severe harassment from a man named Mr. Verma. This individual has engaged in a disturbing pattern of criminal behavior, causing significant distress to multiple victims, including minors. His actions reportedly include distributing sexually explicit videos without consent, engaging in inappropriate and predatory conversations with minors, and circulating a video where a woman appears to be unconscious, raising serious concerns about a potential non-consensual act. Furthermore, Mr. Verma allegedly threatens women who reject his advances, fabricates connections with influential people to build false trust, and makes false claims of being a victim himself to manipulate others. The harassment is relentless, involving constant calls, messages, and emotional abuse. The victims have collected substantial proof, including chat histories, screenshots, and voice recordings, and have initiated complaints with the National Commission for Women (NCW) and the national cyber crime portal. They are now seeking to understand the further legal steps required to ensure this escalates to a formal police investigation and prosecution, particularly given the potential for charges under the POCSO Act and other serious offences.

Advice in such cases

• Preserve all evidence meticulously. Do not delete any chats, messages, images, videos, or call logs. Take screenshots and back them up in multiple secure locations (cloud storage, external drive).
• Document every incident with the date, time, and a description of what happened. This creates a clear timeline of the harassment.
• Do not engage with the harasser. Block him on all platforms after you have saved the evidence. Responding can often escalate the situation.
• Report the user profiles on all social media and communication platforms where the harassment is occurring.
• 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 acts described involve multiple serious offences under Indian law. The new Bharatiya Nyaya Sanhita (BNS), 2023, and other special laws are applicable:

• Section 73 of the BNS (Stalking): This applies to the repeated following, contacting, or attempting to contact a person, causing distress and fear.
• Section 72 of the BNS (Voyeurism): Disseminating private images or videos of a woman without her consent is a punishable offence under this section.
• Section 69 of the BNS (Sexual Intercourse by Deceitful Means): If it is proven that sexual acts occurred with a victim who was drugged or not in a state to give consent, this section could be invoked, which carries severe penalties.
• Section 351 of the BNS (Criminal Intimidation): Threatening the victims with injury to their reputation or person is a cognizable offence.
• The Protection of Children from Sexual Offences (POCSO) Act, 2012: If the accused has been interacting inappropriately with minors, this special act will apply. Sections 11 and 12, dealing with sexual harassment of a child, are particularly relevant. POCSO cases are handled with higher priority and sensitivity.
• The Information Technology Act, 2000: Sections 66E (violation of privacy), 67 (publishing obscene material), and 67A (publishing material containing sexually explicit acts) are directly applicable to the online nature of these crimes.

If you are the complainant

If you have filed the complaint on behalf of the victims or are supporting them, your role is crucial.

• File a Formal FIR: While online complaints are a good start, they must be followed up with a formal First Information Report (FIR) at a police station. You can approach the local police station or a specialized cyber crime police station. Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the police are obligated to register an FIR for cognizable offences.
• Provide Consolidated Evidence: Organize all the evidence collected from different victims and present it to the police in a clear and structured manner. A pen drive or CD containing all digital evidence is standard practice.
• Follow Up Persistently: Police investigations can be slow. Regular and polite follow-ups with the Investigating Officer (IO) are necessary to ensure the case is moving forward.
• Maintain Confidentiality: Protect the identities of the victims, especially the minors, at all costs. Do not share their details or the evidence on public platforms.
• 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

• Your Safety is Paramount: Ensure you have blocked the accused on all platforms. Inform trusted family members or friends about the situation.
• Give Your Statement: You will need to give a statement to the police. If you are a female victim, you have the right to have your statement recorded by a female police officer. For sensitive offences, your statement under Section 183 of the BNSS can be recorded before a Judicial Magistrate.
• Seek Support: Experiencing such harassment is traumatic. Seek support from mental health professionals or support groups. Your well-being is a priority.
• 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 response can vary. In cities with dedicated cyber crime units, the response is generally more professional and technically sound. However, at local police stations, there can sometimes be a lack of awareness about the nuances of cybercrimes. They might be dismissive or try to suggest a “compromise.” It is important to be firm and insist on your right to file an FIR, especially when cognizable offences are evident. A lawyer’s presence can be highly effective in ensuring the police take the matter seriously and register the FIR promptly.

FAQs people normally have

What evidence is required?

• Digital Evidence: Screenshots of chats, social media profiles, and threatening messages. Screen recordings can also be very powerful.
• Audio/Video Files: Any voice notes, calls, or videos sent by the accused.
• Electronic Records: URLs of fake profiles, email headers, and any other digital footprint of the accused.
• Witness Testimony: Statements from other victims or anyone who witnessed the harassment can strengthen the case.

How long will the investigation take?

The duration of a cyber crime investigation varies greatly. It depends on the complexity of the case, the quality of evidence provided, and the workload of the police. Tracing a person’s digital identity (IP address, phone number details) can take time. If the case involves multiple victims and jurisdictions, it can take several months. A lawyer can help in filing applications to expedite the process.

Advocate Sudhir Rao, Supreme Court of India