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

Ms. Anjali, a resident of Vikaspuri, found herself in a deeply distressing situation. A former acquaintance, Mr. Sameer, began harassing her after she declined his persistent proposals. Mr. Sameer, who had previously accessed her phone and copied personal contact information, started sending threatening messages to Anjali and her family. The harassment escalated when he began sharing her private pictures on various social media platforms. His stated intention was to ruin her current life and coerce her into a relationship with him. Anjali managed to collect substantial evidence, including WhatsApp messages, screenshots of the shared images, and call recordings. Furthermore, she discovered that she was not his only target; Sameer had a pattern of harassing other women in a similar manner, and she even had statements and evidence from other victims and witnesses who had seen Sameer display these private materials.

Advice in such cases

Facing such a situation can be traumatic, but it is crucial to act decisively and strategically. Your safety and legal rights are paramount.

• Preserve all Evidence: Do not delete any messages, emails, or social media posts from the harasser. Take screenshots and back them up securely. If possible, record any threatening phone calls. This evidence is the foundation of your legal case.
• Cease Communication: Do not engage with the blackmailer. Replying can often escalate the situation. Block them on all platforms after you have saved the evidence.
• Secure Your Accounts: Change the passwords for all your social media, email, and other online accounts. Enable two-factor authentication for an extra layer of security.
• 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 Indian legal system, under the new penal codes, provides strong recourse against such offenses. The primary laws applicable are:

• Bharatiya Nyaya Sanhita, 2023 (BNS): This is the new principal criminal code.
  • Section 77 (Voyeurism): Punishes the act of capturing images of a woman engaging in a private act without her consent.
  • Section 78 (Stalking): Criminalizes following a person, attempting to contact them repeatedly despite clear indication of disinterest, or monitoring their online activity.
  • Section 84 (Outraging the modesty of a woman): Sharing private images with the intent to insult or outrage a woman’s modesty is a punishable offense.
  • Section 316 (Criminal Intimidation): This section deals with threats to injure a person’s reputation or property to compel them to do something they are not legally bound to do, which directly applies to blackmail.
• Information Technology Act, 2000:
  • Section 66E: Punishes the violation of privacy by capturing, publishing, or transmitting images of a person’s private areas without consent.
  • Section 67 & 67A: Deal with the punishment for publishing or transmitting obscene or sexually explicit material in electronic form.

If you are the complainant

As the person filing the complaint, you are the driving force of the case. Here’s how you should proceed:

• File an FIR: Go to the nearest police station and file a First Information Report (FIR). You can also file a complaint online through the National Cyber Crime Reporting Portal (cybercrime.gov.in). The police are obligated to register an FIR for such cognizable offenses.
• Submit All Evidence: Provide the police with all the evidence you have collected – screenshots, recordings, witness details, etc. A clear and detailed account will strengthen your case.
• 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.
• Stay Involved: Follow up with the investigating officer regarding the progress of the investigation. Your lawyer can assist you in ensuring the process moves forward efficiently.

If you are the victim

Your well-being is the top priority. While pursuing legal action, take steps to protect yourself emotionally and digitally.

• Confide in Someone: Inform a trusted family member or friend about the situation. Having a support system is crucial during this stressful time.
• Prioritize Mental Health: Dealing with harassment and blackmail is emotionally draining. Consider seeking support from a mental health professional to help you cope with the trauma.
• 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.
• Request Takedown of Content: You or your lawyer can send legal notices to the social media platforms to take down the offending content. They are legally obligated to act on such complaints.

How the police behave in such cases

The police are mandated to take crimes against women very seriously. Upon receiving a complaint of blackmail, stalking, or circulation of private images, they should immediately register an FIR. The investigation will involve collecting digital evidence, for which they may need to seize the devices of the accused. They will record the victim’s statement, and for sensitive cases, the statement may be recorded before a Magistrate under Section 164 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The police will also gather statements from any available witnesses. Given the digital nature of the crime, the Cyber Cell is often involved in tracing IP addresses and retrieving electronic data.

FAQs people normally have

Can the case proceed if the accused deletes the evidence?
Yes. Even if the accused deletes the images or messages, digital forensic experts can often recover the data from devices or servers. Your screenshots and other saved evidence will also be crucial.

What is the likely punishment?
The punishment varies depending on the specific offenses proven. Under the BNS, stalking (Section 78) can lead to imprisonment of up to three years and a fine, and up to five years for a subsequent conviction. Criminal intimidation (Section 316) can result in imprisonment for up to two years, a fine, or both. Offenses under the IT Act can also lead to significant prison terms and fines.

Will my identity be revealed?
The law provides for the protection of the identity of victims in cases of sexual offenses. You can request the police and the court to keep your name and personal details confidential during the proceedings.

What evidence is required?

Strong evidence is key to a successful prosecution. The more comprehensive your evidence, the stronger your case will be. Essential evidence includes:

• Digital Communications: Screenshots of all threatening or harassing messages from platforms like WhatsApp, Instagram, Facebook, etc.
• Call Recordings: Audio recordings of any blackmailing or threatening phone calls.
• Social Media Posts: URLs and screenshots of any posts where your private images or defamatory content were shared.
• Witness Statements: Written or recorded statements from anyone who can corroborate your claims, such as friends who received messages from the accused or witnesses who saw him sharing the content.
• Electronic Records: Emails, server logs, or any other digital trail that can link the accused to the crime.

How long will the investigation take?

The duration of an investigation depends on the complexity of the case, the amount of digital evidence to be analyzed, and the cooperation of various parties. The new Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, emphasizes time-bound investigations. However, tracing digital footprints across different platforms can sometimes be time-consuming. A proactive approach from you and your lawyer can help expedite the process.

Advocate Sudhir Rao, Supreme Court of India