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

Mr. Anand, a young professional from the city of Rampur, found himself in an unbearable situation. He was being relentlessly harassed and stalked by Mrs. Kavita, a close family acquaintance. The ordeal began with her hacking into his phone, allegedly using sophisticated methods to track his every move remotely. The harassment quickly escalated into a multi-pronged assault on his life and well-being.

Mrs. Kavita made unwelcome sexual advances and, upon being rejected, began a campaign of defamation. She spread false rumors, accusing Mr. Anand of inappropriate behavior. This slander had severe professional consequences, leading to him being unjustly fired from three consecutive jobs at companies like Innovatech Solutions and Global Exports Pvt. Ltd. The constant stress and psychological abuse took a devastating toll on his health, triggering a severe autoimmune condition that resulted in spinal cord damage. He was put on a high dose of medication to manage both his physical and mental distress.

Furthermore, Mrs. Kavita actively interfered in his personal life, sabotaging potential marriage alliances and attempting to extort him into a relationship against his will. Compounding his misery, Mr. Anand’s own family refused to support him, choosing instead to protect Mrs. Kavita’s social standing and dismissing his valid concerns. Isolated and distressed, Mr. Anand sought a way to legally stop the stalking and reclaim his life.

Advice in such cases

If you find yourself in a similar distressing situation, it is crucial to take systematic steps to protect yourself and seek justice.

• Preserve All Evidence: Document every single incident. Take screenshots of harassing messages, record threatening phone calls (informing the other party if required by law), save emails, and keep a detailed log of dates, times, and descriptions of stalking or harassment events.
• Secure Your Devices: Immediately take steps to secure your digital life. Perform a factory reset on your phone, change all your passwords for social media, email, and banking accounts, and enable two-factor authentication wherever possible.
• File a Police Complaint: Go to your nearest police station and file a First Information Report (FIR). Clearly state all the facts and provide the evidence you have collected. If the police are hesitant, you can send a written complaint to a senior officer like the Superintendent of Police.
• Lodge a Complaint with the Cyber Cell: For offenses like phone hacking, online stalking, and digital harassment, you must file a separate complaint with the Cyber Crime Cell, which is specially equipped to handle such technical investigations.
• Seek Medical and Psychological Support: Your health is paramount. Get a thorough medical check-up and document any health issues caused by the stress. Consulting a therapist can provide crucial support for your mental well-being.
• 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

Indian law provides several provisions to tackle such crimes under the new Bharatiya Nyaya Sanhita (BNS) and the Information Technology Act.

• Section 77 of the BNS, 2023 (Stalking): This section criminalizes monitoring a person’s use of the internet, email, or any other form of electronic communication, or repeatedly following or contacting them despite clear indications of disinterest.
• Section 76 of the BNS, 2023 (Sexual Harassment): Making unwelcome sexual advances, demanding sexual favors, or making sexually colored remarks constitutes sexual harassment.
• Section 356 of the BNS, 2023 (Defamation): Spreading false and malicious information to harm someone’s reputation is a punishable offense.
• Section 326 of the BNS, 2023 (Extortion): Forcing someone to do something against their will by putting them in fear of injury is defined as extortion.
• Section 66C of the IT Act, 2000 (Identity Theft): Fraudulently using someone’s electronic signature, password, or other unique identification feature.
• Section 66E of the IT Act, 2000 (Violation of Privacy): Capturing, publishing, or transmitting images of a person’s private parts without their consent is a serious offense.

If you are the complainant

As the person initiating the legal process, your role is crucial. Here’s how to proceed effectively:

• Be Methodical with Evidence: Organize all your evidence chronologically. Create backups of digital evidence in a secure cloud storage and on a physical drive. List all potential witnesses with their contact details.
• Draft a Clear Complaint: Your initial complaint (which forms the basis of the FIR) should be clear, concise, and factual. Detail the sequence of events without emotional language, sticking to what happened, when, and who was involved.
• Stay Persistent: The legal system can be slow. Do not get discouraged. Regularly follow up on the status of your case with the police and your lawyer.
• Cease All Contact: Do not engage with the accused or their intermediaries. Any communication can be manipulated and used against you. Direct all communication through your lawyer.
• 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

While navigating the legal process, your personal safety and well-being must be your top priority.

• Prioritize Your Safety: If you feel physically threatened, consider changing your daily routines, and inform trusted friends or neighbors about your situation. Avoid being alone in vulnerable situations.
• Focus on Your Health: The emotional and physical toll of harassment is real. Continue with any prescribed medical treatment and therapy. Your medical records are also important evidence linking the harassment to your health issues.
• Secure Your Digital and Physical Space: Review the privacy settings on all your social media accounts. Be cautious about what you post online. If the stalking is physical, consider installing security cameras if possible.
• 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

Experiences with law enforcement can vary. In cases involving family members or acquaintances, police might initially suggest resolving the matter informally. However, you have the right to demand that a formal complaint be registered for cognizable offenses like stalking and sexual harassment. The presence of a lawyer can often ensure that the police take the matter with the seriousness it deserves. Cyber Crime cells are generally more adept at handling cases of digital spying and hacking. If the police refuse to file an FIR, you have the right to approach the Superintendent of Police or file a private complaint before the Magistrate under Section 156(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

FAQs people normally have

What evidence is required?

Strong evidence is the backbone of any successful legal case. This includes:

• Digital Evidence: Screenshots of messages, call logs, social media posts, emails, and any available data showing remote access or tracking of your devices.
• Witness Testimonies: Statements from colleagues who witnessed the harassment or its aftermath (like job loss), or friends and family you confided in.
• Medical Records: Doctor’s prescriptions, diagnostic reports, and a psychiatrist’s evaluation linking your health conditions (physical and mental) to the stress caused by the harassment.
• Documentary Evidence: Termination letters from employers, if the defamation led to job loss. Any written notes or gifts sent by the harasser.

How long will the investigation take?

The timeline for a criminal case can vary significantly. After an FIR is filed, the police will conduct an investigation, which involves collecting evidence and recording statements. As per the BNSS, this process should ideally be completed within a few months, after which the police file a chargesheet in court. However, forensic analysis of digital evidence can sometimes delay this process. The subsequent court trial can be lengthy, often taking several years to reach a final verdict. Patience and persistence are key throughout this period.

Advocate Sudhir Rao, Supreme Court of India