Ms. Anjali, a resident of Jaipur, found herself in a deeply distressing situation. She had been subjected to extensive abuse—emotional, financial, verbal, and sexual—by a foreign national, Mr. Robert Smith. This abuse occurred both during his previous visits to India and continued through online interactions after he left. Ms. Anjali recently learned that Mr. Smith is planning to return to India early next year, which has caused her immense fear and anxiety for her personal safety. Her primary concern is to prevent him from entering the country. However, she is constrained by a desire to keep this traumatic experience private from her family, making her reluctant to visit a police station in person. She has started compiling evidence, including messages and financial records, and is exploring legal avenues to file a complaint and alert immigration authorities without involving her family.
Advice in such cases
Preserve All Evidence: Do not delete any messages, emails, social media interactions, or call logs. Take screenshots and back them up securely. Keep records of any financial transactions, photos, or videos that can substantiate your claims.
Document Everything: Maintain a detailed journal of events, including dates, times, locations, and a description of each incident of abuse. This chronological record is invaluable during legal proceedings.
File a Complaint: You can initiate the process by filing a complaint on the national cybercrime reporting portal, especially for abuse that occurred online. This serves as the first official record of the crime.
Seek Medical and Psychological Support: Your well-being is paramount. If you have suffered any physical or psychological harm, seek help from a medical professional or a therapist. Their reports can also serve as crucial evidence.
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 actions described may constitute several offenses under Indian law. The primary legislation governing such criminal acts is the Bharatiya Nyaya Sanhita, 2023 (BNS). Depending on the specific nature of the abuse, the following sections may be applicable:
Section 64 of BNS: Pertains to sexual assault (rape).
Section 73 of BNS: Addresses assault or use of criminal force on a woman with the intent to outrage her modesty.
Section 77 of BNS: Deals with stalking, both physical and electronic.
Section 78 of BNS: Pertains to voyeurism.
Section 351 of BNS: Covers the offense of criminal intimidation.
The Information Technology Act, 2000: Relevant sections of this act can be invoked for online harassment, identity theft, and transmission of obscene material electronically.
If you are the complainant
Initiate the Complaint: You can file a complaint online through the cybercrime portal or submit a written complaint to a senior police official, such as the Commissioner or Superintendent of Police, if you are hesitant to visit a local police station.
Provide Detailed Information: Your complaint should be as detailed as possible. Include the accused’s full name, nationality, passport details (if known), and a comprehensive account of the abuse with supporting evidence.
Request for a Look Out Circular (LOC): In your complaint, you can specifically request the police to issue an LOC against the foreign national. An LOC will alert immigration authorities at all ports of entry to prevent him from entering India.
Cooperate with the Investigation: The police will require your statement to register a First Information Report (FIR). Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), a woman’s statement for certain offenses can be recorded at her residence or a place of her convenience by a female police officer.
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
If you are the victim
Your Safety is Priority: Ensure you are in a safe environment. If you feel threatened, inform a trusted friend or seek assistance from support groups.
Understand Your Rights: As a victim, you have the right to privacy. The law mandates that the identity of victims of certain sexual offenses should not be disclosed. You also have the right to have your statement recorded by a female officer at a safe location.
Direct Representation to Authorities: While an LOC is most effectively issued through the police after an FIR, you or your lawyer can also write directly to the Ministry of Home Affairs (MHA) and the Foreigners Regional Registration Office (FRRO), presenting your case and evidence, and requesting that the individual’s visa be cancelled or that he be blacklisted from entering India.
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
How the police behave in such cases
The police are mandated to handle such sensitive cases with care. Upon receiving a complaint, especially one involving crimes against women, they are required to act promptly. Under the BNSS, if the information indicates a cognizable offense, the police must register an FIR. For cases involving a female victim, a female police officer is generally assigned to record the statement. The police understand the need for discretion and can arrange to meet you at a location where you feel comfortable, thereby helping maintain your privacy from your family. They will collect all the evidence you provide and initiate a formal investigation.
FAQs people normally have
Can an online complaint be converted into an FIR without me going to the police station?
Yes, an online complaint can be the basis for an FIR. After you file the complaint on the national cybercrime portal, it is forwarded to the relevant police station. The police will then verify the contents of the complaint. While they must register an FIR if a cognizable offense is disclosed, they will likely need to contact you to record a formal, signed statement as per procedural law. A lawyer can help facilitate this process to ensure it is handled discreetly and conveniently for you.
Can I, as an individual citizen, directly write to the FRRO / Bureau of Immigration to block his entry?
Yes, you can write to these authorities. You can submit a detailed representation along with your evidence and request that the foreign national’s visa be cancelled and his entry be barred. While these bodies have the authority to take action, a request from an individual is much more powerful when it is supported by a registered FIR and a formal request for an LOC from a law enforcement agency.
Is there any legal route where my parents won’t get involved?
Absolutely. By hiring a lawyer, you can navigate the entire legal process with a high degree of privacy. Your lawyer can act as your representative for all communications with the police and other authorities. Any official notices or summons can be directed to your lawyer’s office instead of your home address. This ensures that your family is not made aware of the situation unless you choose to inform them.
What evidence is required?
Digital Communications: Screenshots of text messages, emails, chats from social media platforms, and call records.
Financial Records: Bank statements or receipts showing any financial exploitation.
Photographs and Videos: Any visual media that can serve as proof of the abuse or the accused’s presence.
Witness Statements: If anyone else was aware of the abuse, their testimony can be valuable.
Accused’s Details: Any information you have about the accused, such as his full name, passport number, known addresses, and contact details, is crucial for the investigation.
How long will the investigation take?
The timeline for an investigation can vary significantly. Cases involving foreign nationals can be more complex due to jurisdictional challenges and the need for international cooperation. However, the Bharatiya Nagarik Suraksha Sanhita (BNSS) has introduced stricter timelines for the police to complete investigations. The complexity of gathering evidence and locating the accused will be the primary factors determining the duration. Once an FIR is filed and an LOC is issued, the immediate goal of preventing his entry into India can be achieved relatively quickly.
Advocate Sudhir Rao, Supreme Court of India