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

Mr. Sameer, an IT professional from the city of Aryavarta, recently made a disturbing discovery. While using his friend Mr. Rajan’s phone to make an urgent call, he came across a folder containing sexually explicit images and videos of several women. To his horror, some of the individuals in the material appeared to be minors, clearly under the age of eighteen. He later learned that Rajan had not only stored this material but had also been sharing it with other acquaintances. Deeply concerned about the illegality and the potential harm to the victims, Sameer found himself in a moral and legal dilemma, wondering what action could be taken against his friend.

Advice in such cases

Discovering that someone you know is involved in possessing or distributing obscene or child sexual abuse material (CSAM) can be shocking. It is crucial to handle the situation carefully and legally.

• Do not confront the individual directly, as this might lead them to destroy crucial evidence.
• Do not attempt to copy or forward the material yourself, as this could implicate you in the crime of distribution.
• Your priority should be to report the matter to the appropriate authorities without delay.
• 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 possession and circulation of such material are serious offenses under Indian law. The primary statutes that apply are:

• The Information Technology Act, 2000: Sections 67 (publishing or transmitting obscene material), 67A (publishing or transmitting material containing sexually explicit acts), and especially Section 67B, which deals with the grave offense of creating, transmitting, or possessing material depicting children in sexually explicit acts.
• The Bharatiya Nyaya Sanhita, 2023 (BNS): Relevant sections of the BNS that address outraging the modesty of a woman or child may also be invoked, depending on how the images were obtained and circulated.

If you are the complainant

If you are the one who has discovered this material and wish to report it, you are acting as a responsible citizen. Here are the steps to follow:

• Gather all the information you have about the accused person, including their name, contact details, and any details about the device where the material is stored.
• File a formal complaint. This can be done online through the National Cyber Crime Reporting Portal (www.cybercrime.gov.in) under the category “Report Child Pornography/Child Sexual Abuse Material” or “Report Other Cybercrime.” Alternatively, you can visit the nearest Cyber Crime police station.
• Provide a detailed account of how you discovered the material. Be honest and clear in your statement.
• 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 have discovered that your own explicit images are being circulated without your consent, it is a violation of your privacy and a serious crime. You must act immediately.

• Report the incident to the police or the cybercrime portal without any delay. Time is of the essence to prevent further circulation.
• Preserve all evidence, such as screenshots of the images, URLs, and any communication you may have had with the perpetrator or others regarding the material.
• Do not engage with the person who is circulating the material. Let the law enforcement authorities handle the situation.
• 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

Law enforcement, particularly specialized Cyber Crime units, are trained to handle such sensitive cases. Upon receiving a complaint, they will typically register a First Information Report (FIR). The primary course of action involves seizing the electronic device(s) in question (e.g., mobile phone, laptop) and sending them for forensic analysis to recover the material and trace its origin and circulation history. The police will conduct an investigation to identify all individuals involved in the creation, possession, and distribution of the content.

FAQs people normally have

• Is it a crime to just have such pictures on my phone?
  Yes, under Section 67B of the IT Act, even possessing Child Sexual Abuse Material (CSAM) is a punishable offense. Possessing obscene material of adults can also attract legal trouble, especially if it is distributed.
• Will I get into trouble for reporting my friend?
  No. Reporting a crime is your duty as a citizen. The law protects whistleblowers and those who report crimes in good faith. You are a witness, not an accomplice.
• What will happen to my friend’s device?
  The device will be seized as part of the evidence. It will be forensically examined by experts to confirm the presence of the illegal material and to gather digital evidence for the case.

What evidence is required?

The most crucial piece of evidence is the electronic device itself containing the illicit material. Other important evidence includes:

• The forensic report from the examination of the device.
• Testimony from the complainant and any other witnesses who were shown the material.
• Digital footprints, such as chat logs or social media posts where the content was shared.
• If the victims are identified, their statements are also vital.

How long will the investigation take?

The duration of a cybercrime investigation can vary significantly. It depends on factors like the complexity of the case, the time taken for forensic analysis of the electronic devices, and the cooperation of various intermediaries like social media platforms or internet service providers. Generally, it can take anywhere from a few months to over a year to complete the investigation and file a chargesheet.

Advocate Sudhir Rao, Supreme Court of India