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

Ms. Priya Sharma, a 22-year-old graphic designer from the city of Aravindnagar, found herself in a deeply unsettling situation. Her social media inbox on the platform ‘ConnectSphere’ was repeatedly flooded with unsolicited and sexually explicit messages from unknown accounts. The messages were graphic, containing propositions for sexual acts and roleplay, with disturbing and vulgar details. Some messages even offered to be her “slave,” making her feel objectified and harassed. Despite blocking these accounts, new ones would appear with similar content, causing her significant mental distress. She felt violated and wondered what legal steps she could take against these anonymous harassers, even though she was an adult.

Advice in such cases 📝

• Do Not Engage: Replying to the harasser, even to tell them to stop, can sometimes encourage them. It is best to avoid any form of communication.

• Preserve Evidence: Take clear screenshots of the messages and the harasser’s profile. Ensure the username, date, and time are visible. Do not delete the original messages.

• Block and Report: Use the platform’s built-in features to block the user and report the profile for harassment. This can lead to the account being suspended.

• Secure Your Profile: Change your social media privacy settings to “private.” This limits who can see your content and send you message requests, significantly reducing the chances of receiving messages from strangers.

Applicable Sections of Law ⚖️

Receiving such messages is not just “crazy,” it is a cognizable offense under Indian law. The following legal provisions can be invoked:

• Bharatiya Nyaya Sanhita, 2023 (BNS): The BNS has specific sections to deal with such acts.

  • Section 85 (Sexual Harassment): Making sexually coloured remarks is a form of sexual harassment and is punishable under this section. Sending explicit texts clearly falls under this definition.

  • Section 74 (Stalking): If the person continues to contact you or attempts to contact you repeatedly through any means of electronic communication despite your clear indication of disinterest, it amounts to stalking.

  • Section 79 (Assault or use of criminal force to woman with intent to outrage her modesty): Sending obscene and lewd messages can be interpreted as an act intended to outrage a woman’s modesty.

• Information Technology Act, 2000: This Act specifically deals with cybercrimes.

  • Section 67 (Punishment for publishing or transmitting obscene material in electronic form): Transmitting material that is lascivious or appeals to prurient interests can lead to imprisonment and a fine.

  • Section 67A (Punishment for publishing or transmitting material containing sexually explicit act, etc., in electronic form): This section applies if the messages contain more explicit content and carries a higher penalty.

If you are the complainant 🙋‍♀️

You have the right to initiate legal proceedings. Here is how you can do it:

• File a Complaint Online: The most efficient way is to file a complaint on the National Cyber Crime Reporting Portal (www.cybercrime.gov.in). You can file a complaint anonymously or as a victim, providing all the evidence you have collected.

• Approach the Cyber Crime Cell: Every major city has a dedicated Cyber Crime Cell. You can visit them in person with a written complaint and printouts of the evidence.

• Visit the Local Police Station: You can also file a First Information Report (FIR) at your local police station. They are obligated to register your complaint.

If you are the victim 😟

As a victim of such harassment, you have specific rights that protect you during the legal process:

• Right to Zero FIR: You can file an FIR at any police station, regardless of where the incident occurred or where you reside. The station will then transfer the case to the appropriate jurisdiction.

• Right to Confidentiality: Your identity can be kept confidential throughout the investigation and trial process to protect your privacy and safety.

• Right to Dignity: The police are required to treat you with sensitivity and respect. A female officer should ideally record your statement if the complaint involves sexual harassment.

How the police behave in such cases 👮‍♂️

While some officers at a local level might not immediately grasp the severity of online harassment, the specialized Cyber Crime Cells are well-equipped to handle these matters. They understand the technicalities involved in tracing anonymous perpetrators. They will ask for all the evidence and will use technical means, such as tracing the IP address from which the account was operated, to identify the accused. Cooperation with the social media platform is also sought to get user details.

FAQs people normally have 🤔

What evidence is required? 🧾

Strong evidence is key to a successful prosecution. You must provide:

• Clear screenshots of the harassing messages.

• The profile URL or unique username of the sender.

• Screenshots of the harasser’s profile page.

• Any other relevant details, such as the date and time the messages were received.

How long will the investigation take? ⏳

The duration of an investigation can vary. If the accused is using their real identity, they can be traced relatively quickly. However, if they are using a fake profile, a VPN, or other methods to hide their identity, the process can be more complex and may take several weeks to months. The police need to coordinate with the social media company, which can also add to the timeline. The new Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) aims to set stricter timelines for investigations, but its practical impact is still evolving.

Advocate Sudhir Rao, Supreme Court of India