One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

My client had an online relationship with Mr.X from DD/MM/YYYY to DD/MM/YYYY. She ended the relationship due to his unstable and abusive behavior. Post-breakup, Mr.X continued contacting her, requesting to maintain communication until her birthday in the following month, claiming he wanted to give her gifts and treat her well. However, this escalated into persistent harassment and stalking behavior. Mr.X began sending unwanted messages, calls, and following her online activities. He would create fake accounts to contact her after being blocked, send threatening messages, and monitor her social media presence obsessively. The situation became distressing for my client, affecting her mental health and daily routine. She felt unsafe and constantly worried about his next move. The harassment continued despite her clear requests to stop all communication, making it a clear case of stalking under Indian law.

Advice in Such Cases

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 to 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.

Document all harassment incidents with screenshots, call logs, and messages. This creates a strong evidence trail for legal proceedings.

Block the harasser on all social media platforms and communication channels immediately to limit their access to you.

Inform trusted friends and family about the situation so they can provide support and witness any escalation in harassment behavior.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), several sections apply to harassment and stalking cases. Section 78 covers stalking offenses, making it punishable with imprisonment up to three years. Section 79 addresses word, gesture, or act intended to insult the modesty of a woman. Section 351 covers criminal intimidation, while Section 356 deals with assault or criminal force with intent to dishonor a person. The Bharatiya Nagarik Suraksha Sanhita (BNSS) provides procedural guidelines for filing complaints and obtaining protection orders. These laws offer comprehensive protection against post-breakup harassment and stalking behaviors.

If You Are the Complainant

• File an FIR immediately at the nearest police station with all documented evidence of harassment
• Apply for a protection order under domestic violence laws to legally restrict the harasser’s actions
• Maintain detailed records of all incidents including dates, times, and nature of harassment
• Seek counseling support to cope with the psychological impact of harassment
• Install security applications on your devices to monitor and block unwanted communications

If You Are the Victim

• Prioritize your safety above all else and avoid any direct contact with the harasser
• Change your daily routines and routes to avoid predictable patterns that could be exploited
• Inform your workplace, educational institution, or residential security about the harassment situation
• Create strong passwords for all online accounts and enable two-factor authentication
• Consider temporary relocation if the harassment escalates to physical stalking or threats

How the Police Behave in Such Cases

Police typically take harassment and stalking complaints seriously, especially when proper documentation is provided. They may initially attempt mediation or counseling, but will proceed with criminal charges if the harassment continues. Officers usually advise victims to maintain detailed records and may provide guidance on obtaining restraining orders. Response times can vary, but urgent cases involving threats receive immediate attention. Police often coordinate with cybercrime units for online harassment cases.

FAQs People Normally Have

Q: Can I file a case for online harassment?
A: Yes, online harassment is covered under cybercrime laws and BNS provisions.

Q: What if the harasser is in a different city?
A: You can file a complaint in your local jurisdiction, and police will coordinate with other states if necessary.

Q: How long does it take to get a restraining order?
A: Protection orders can typically be obtained within 1-2 weeks of application.

Q: Is emotional harassment punishable by law?
A: Yes, emotional abuse and psychological harassment are recognized offenses under Indian law.

What Evidence Is Required?

• Screenshots of threatening or harassing messages across all platforms
• Call logs showing frequency and timing of unwanted calls
• Email communications and social media interactions
• Witness statements from friends or family who observed the harassment
• Medical records if harassment caused psychological distress
• CCTV footage if physical stalking occurred
• Records of blocked accounts and attempts to create new accounts for contact

How Long Will the Investigation Take?

Investigation timelines vary depending on case complexity and evidence availability. Simple harassment cases may conclude within 2-3 months, while complex stalking cases involving multiple jurisdictions can take 6-12 months. Cybercrime investigations may require additional time for digital forensics. Courts generally prioritize cases involving threats or escalating harassment patterns. Regular follow-up with investigating officers helps expedite the process.

Advocate Sudhir Rao, Supreme Court of India