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

Ms. Anjali, a 22-year-old engineering student living in a university hostel in the city of Vidyanagar, found herself in a deeply distressing situation. She had been in a relationship with Mr. Vikram and, in a moment of trust, had shared some private, intimate photographs with him. Recently, their relationship ended on a sour note. Vikram’s behaviour turned cold and menacing. He began making veiled threats, reminding her that he still possessed her private images and hinting that he could share them. Anjali was terrified of the potential for public humiliation and damage to her reputation. Living away from her family, who reside in a different state, she felt isolated and was desperate to find a solution without causing them worry. She wanted to know if, as an adult, she could take legal action on her own to prevent this digital harassment.

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 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.
• Do not panic and do not delete any evidence. Preserve all chats, screenshots, call logs, and any form of communication with the person. This is crucial for building a strong case.
• Cease all communication with the individual. Do not engage in arguments or plead with them, as this can sometimes escalate the situation. Let your lawyer handle communication from this point on.
• Secure all your social media and email accounts. Change your passwords and enable two-factor authentication to prevent any unauthorized access.

Applicable Sections of Law

With the enactment of new criminal laws in India, several provisions under the Bharatiya Nyaya Sanhita (BNS), 2023, and the Information Technology Act, 2000, can be invoked in such cases.

• Section 72 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section addresses the crime of voyeurism. While it primarily deals with capturing images of a person in a private act without consent, its scope extends to the dissemination of such images. If someone threatens to publish or broadcasts these images, they can be prosecuted under this section.
• Section 84 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section on sexual harassment can be applied if the threat to leak photos is used to demand or request sexual favours or to create a hostile or intimidating environment.
• Section 318 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section deals with criminal intimidation. Threatening to harm a person’s reputation by leaking their private photos is a classic example of criminal intimidation and is a punishable offense.
• Information Technology Act, 2000: Sections like 67 (publishing or transmitting obscene material in electronic form) and 67A (publishing or transmitting material containing sexually explicit act, etc., in electronic form) remain relevant and can be used to prosecute the offender.

If you are the complainant

• 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.
• You have the right to file a complaint. This can be done online via the National Cyber Crime Reporting Portal (www.cybercrime.gov.in) or by visiting the nearest police station with a dedicated Cyber Crime Cell.
• When filing the complaint, provide a clear and chronological account of the events. Submit all the evidence you have collected, such as screenshots and contact details of the accused.
• The law ensures the confidentiality of the complainant, especially in cases involving sexual offenses. You can request that your identity not be disclosed.

If you are the victim

• 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.
• Remember that you are the victim, not the one at fault. Sharing images consensually within a trusted relationship is not a crime. The crime is the act of non-consensual dissemination or the threat thereof.
• As an adult (18 years or older), you have the complete legal right to file a police complaint and pursue legal action without involving your parents or any guardian. The police cannot force you to inform your family.
• This is a traumatic experience. While pursuing legal remedies, it is equally important to take care of your mental well-being. Confide in a trusted friend or seek professional counseling.

How the police behave in such cases

Police departments, particularly cyber cells, are now more sensitized to handling such cases. Upon receiving a complaint, they are required to register a First Information Report (FIR). If you file a complaint at a police station that does not have jurisdiction, they can register a “Zero FIR” and transfer it to the appropriate station. The police will take your statement, collect the evidence, and initiate an investigation, which may involve seizing the accused’s electronic devices for forensic analysis. The presence of a woman police officer is often ensured when the complainant is female to make the process more comfortable.

FAQs people normally have

Can I file a case without my parents knowing?
Yes. As a legal adult in India, you have the independent right to approach the police and file a complaint. You are not legally obligated to involve your parents.

Will my identity be revealed during the process?
No. The law strictly protects the identity of victims in cases of sexual harassment and related offenses. The proceedings can be held in-camera, and your name and details will be kept confidential.

Does it matter that I sent the photos willingly at first?
No, it does not legally justify the other person’s actions. Consent to share a photo privately with one person is not consent for it to be distributed publicly or used for blackmail. The non-consensual act of leaking or threatening to leak is the offense.

What if the accused lives in a different city or state?
The digital nature of the crime allows you to file a complaint from anywhere. You can use the national cybercrime portal or file a Zero FIR at your local police station. The police will then coordinate with their counterparts in the city where the accused resides.

What evidence is required?

• Screenshots of the conversations where the threats were made.
• Screenshots of chats showing that you shared the images in the first place.
• The social media profile URLs, phone numbers, and any other identifying information of the accused.
• The private images themselves, if you have them, can be submitted as evidence in a secure manner as guided by your lawyer or the police.
• Details of any mutual friends or witnesses who may be aware of the situation.

How long will the investigation take?

The timeline for a cybercrime investigation can vary significantly. It depends on factors like the digital footprint left by the accused, the time taken for forensic analysis of electronic devices, and the cooperation received from social media platforms or telecom companies to provide user data. An experienced lawyer can help in regularly following up with the investigating authorities to ensure the case progresses in a timely manner.

Advocate Sudhir Rao, Supreme Court of India