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.

Mr.X approached me with a distressing situation involving his ex-partner Mr.Y. During their relationship when both were minors, Mr.Y had manipulated Mr.X into sharing intimate images and videos. After their breakup, Mr.X discovered that Mr.Y had saved these images without his knowledge. Despite attempts through mutual friends to ensure deletion, Mr.X suspected that Mr.Y had not actually deleted the content and was concerned about potential misuse. This case involved multiple legal aspects including cybercrime, privacy violations, and since both parties were minors at the time, additional protective provisions under child protection laws. The situation required immediate legal intervention to prevent any potential distribution or blackmail.

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 communications and evidence of manipulation or threats
• Preserve any screenshots or messages that show the person acknowledged having your images
• Do not directly confront the person as it may lead to immediate distribution of images
• Report to cybercrime authorities immediately to prevent further damage

Applicable Sections of Law

This case involves multiple provisions under the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS). Section 67 of BNS deals with violation of privacy by capturing or transmitting images of private areas. Section 74 addresses sexual harassment including distribution of intimate images. Section 79 covers word, gesture or act intended to insult the modesty of a person. Under Information Technology Act, Section 67A deals with publishing sexually explicit material electronically. Since minors were involved, POCSO Act provisions also apply for protection of children from sexual exploitation.

If You Are the Complainant

• File a complaint with the local police station and cybercrime cell simultaneously
• Gather all evidence including screenshots, messages, and witness statements from mutual friends
• Request immediate action to prevent distribution and ensure deletion of images
• Seek counseling support as such cases can cause significant emotional trauma
• Consider filing for injunction orders to restrain the accused from sharing or threatening to share images

If You Are the Victim

• Preserve your mental health by seeking professional counseling and support from trusted family members
• Document any instances of blackmail, threats, or attempts to distribute your images
• Report to National Cyber Crime Reporting Portal (cybercrime.gov.in) for immediate assistance
• Contact your bank and financial institutions if there are any attempts at financial extortion
• Inform close friends and family about the situation to prevent them from being manipulated by the accused

How the Police Behave in Such Cases

Police typically treat these cases seriously, especially when minors are involved. They usually register FIR immediately and involve cybercrime specialists. The investigation includes seizing electronic devices, examining digital evidence, and coordinating with service providers to trace and prevent distribution. Police may also provide protection if there are threats of further harassment or blackmail.

FAQs People Normally Have

Can police recover deleted images? Yes, cybercrime experts can often recover deleted data from electronic devices through forensic analysis.

What if the accused denies having the images? Digital forensic examination of devices can reveal evidence even if images appear deleted.

Will my identity be disclosed during investigation? Courts can order protection of victim identity in such sensitive cases.

Can I get compensation for mental trauma? Yes, you can claim compensation under victim compensation schemes and through civil remedies.

What Evidence Is Required?

• Screenshots of conversations where images were shared or discussed
• Messages showing manipulation, coercion, or threats
• Statements from mutual friends who attempted to mediate
• Device records and metadata of original image transmission
• Evidence of any attempts to blackmail or extort
• Medical records showing psychological impact if applicable
• Bank statements if financial demands were made

How Long Will the Investigation Take?

Cybercrime investigations typically take 3-6 months depending on complexity. Digital forensic analysis may require 2-3 months. If devices need to be sent to specialized labs, additional time may be required. Courts usually expedite such cases involving minors and intimate image violations, potentially resolving within 8-12 months.

Advocate Sudhir Rao, Supreme Court of India