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

Mr. Rohan, a professional from a metropolitan city, is facing a distressing situation involving persistent harassment. After a single, consensual meeting with a woman, Ms. Maya, whom he connected with online, he decided not to continue the association. He clearly and politely communicated his decision. When she persisted, he blocked her on all platforms.

However, this did not deter Ms. Maya. Her actions escalated to a level of harassment that has severely impacted Mr. Rohan’s peace of mind. The harassment includes:

• Constant phone calls from her personal number and various unknown numbers. In one instance, she made numerous calls within a short period.
• Using third-party phones, such as that of a delivery agent, to bypass his blocks and contact him.
• Contacting his friends, family, and even professional colleagues through social media platforms, attempting to gather information about him and involve them in her pursuit.

Throughout this ordeal, Mr. Rohan has commendably refrained from any engagement, threats, or retaliation. He has meticulously documented all instances of harassment, including screenshots of her messages to his contacts, call logs, and the original chat records which establish the consensual nature of their initial interaction and his subsequent clear disengagement. He is now seeking to understand his legal options to end this harassment and safeguard his reputation.

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.
• Document every single interaction or attempt at interaction. Keep a log with dates, times, and descriptions of what happened. Save screenshots, call records, and any messages.
• Do not respond to the harasser. Any response, even a negative one, can be seen as encouragement. Maintain complete silence.
• Review and enhance the privacy settings on all your social media accounts. Limit who can see your posts and personal information.
• Inform a trusted friend or family member about the situation. It is important to have a support system.

Applicable Sections of Law

The actions described constitute clear offenses under Indian law. The primary legal provisions applicable are:

• Section 77 of the Bharatiya Nyaya Sanhita (BNS), 2023 (Stalking): This section is directly applicable. Stalking is defined as any person who follows another person or contacts, or attempts to contact such person to foster personal interaction repeatedly despite a clear indication of disinterest by such person; or monitors the use by a person of the internet, email or any other form of electronic communication. The repeated calls and attempts to contact via third parties fall squarely within this definition.
• Information Technology Act, 2000: Provisions of the IT Act can also be invoked, especially concerning the use of electronic communication (social media, phone calls) to harass.

If you are the complainant

As the person initiating the legal process, you need to be strategic and prepared.

• 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.
• Compile all your documented evidence into a clear, chronological file. This will form the backbone of your complaint.
• Write a detailed complaint addressed to the police. Clearly state the facts, the sequence of events, the actions you have taken (like blocking the person), and the relief you are seeking (for the harassment to stop).
• You can file the complaint at the National Cyber Crime Reporting Portal (www.cybercrime.gov.in) or at your local police station. Given the online nature of some of the harassment, the Cyber Crime cell is often the most appropriate authority.

If you are the victim

Recognizing your status as a victim is the first step toward taking control of the situation.

• 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.
• Prioritize your safety and mental well-being. Persistent harassment can be emotionally and psychologically draining. Do not hesitate to seek support from friends, family, or a mental health professional.
• Create a safety plan. This may include informing your workplace’s HR department (if the harassment spills over to your professional life) and ensuring your home and personal security.
• Understand that you have the right to live without fear and harassment. The law is on your side, and taking action is a step towards reclaiming your peace.

How the police behave in such cases

Upon receiving a complaint of this nature, the police are expected to take the following steps under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023:

• The police will first assess the complaint and the evidence provided.
• For a first-time offense of stalking, it is a cognizable and bailable offense. The police can register a First Information Report (FIR) under Section 77 of the BNS.
• In some cases, the police might initially issue a formal warning to the accused person to cease all contact. If the behavior persists, an FIR is the next logical step.
• The police will conduct an investigation, which may involve questioning the accused, examining the evidence you provided, and taking statements from any witnesses (like friends or family who were contacted).

FAQs people normally have

What evidence is required?

Strong evidence is crucial. The more you have, the stronger your case will be. Essential evidence includes:

• Screenshots of all chat messages, social media comments, and friend requests from the harasser.
• Call logs showing repeated calls from known and unknown numbers.
• Recordings of any calls, if legally permissible and obtained without violating privacy laws.
• Statements from friends, family, or colleagues who were contacted by the harasser.
• A detailed timeline of events that you have maintained.

How long will the investigation take?

The duration of an investigation can vary. Initial police action, like issuing a warning to the accused, can happen relatively quickly, sometimes within a few days of filing the complaint. A full investigation leading to a chargesheet and trial can take several months or longer, depending on the complexity of the case and the workload of the police and courts. However, the primary goal of stopping the immediate harassment can often be achieved swiftly through initial police intervention.

Advocate Sudhir Rao, Supreme Court of India