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

A young woman, Ms. Anjali, recently discovered that a man named Mr. Verma, residing in the city of Janakpuri, has been systematically harassing numerous women and even minors online. His pattern of abuse is deeply concerning and involves a range of illegal activities. Mr. Verma has been sending unsolicited explicit videos and images to women, engaging in inappropriate conversations with minors, and threatening those who reject his advances or block him. To gain the trust of his victims, he falsely claims to have connections with well-known social media influencers and media personalities.

Furthermore, he employs emotional manipulation tactics, including falsely claiming to be a victim of assault himself to garner sympathy, and relentlessly harasses women with constant calls, texts, and baseless accusations of theft. There is also a serious concern that in some of the videos he circulates, the women involved appear to be in a semi-conscious state, suggesting the possible use of intoxicants and a complete lack of consent.

Ms. Anjali, along with other affected individuals, has gathered substantial evidence, including chat screenshots, screen recordings, and voice messages from Mr. Verma. They have initiated the process by filing online complaints with the National Commission for Women and the national cybercrime reporting portal. Now, they seek to understand the further legal recourse available to them to ensure Mr. Verma is held accountable, especially considering the potential for charges under the POCSO Act for his interactions with minors.

Advice in such cases

• Preserve all evidence meticulously. Do not delete any chats, images, videos, or voice notes. Take screenshots and screen recordings, and back them up in multiple secure locations like a hard drive or cloud storage.
• Document everything. Keep a detailed log of all incidents, including dates, times, platforms used, and the nature of the harassment.
• File a formal complaint at the nearest police station to register a First Information Report (FIR). An online complaint is a good first step, but a formal FIR carries more legal weight to initiate a police investigation.
• Cease all communication with the harasser. Do not respond to his messages, calls, or threats. Block him on all platforms after securing the evidence.
• Inform trusted friends or family members about the situation for emotional and practical support.
• 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 acts described fall under several penal provisions of Indian law. With the implementation of new criminal laws, the following sections are relevant:

• Section 70 of the Bharatiya Nyaya Sanhita (BNS), 2023 (Voyeurism): This applies to the act of capturing or disseminating images of a woman engaging in a private act without her consent.
• Section 77 of the Bharatiya Nyaya Sanhita (BNS), 2023 (Stalking): Repeatedly following, contacting, or attempting to contact a person despite clear indications of disinterest constitutes stalking, especially when done online (cyberstalking).
• Section 78 of the Bharatiya Nyaya Sanhita (BNS), 2023 (Sexual Harassment): Sending sexually explicit material and making unwelcome sexual advances falls under this section.
• Section 350 of the Bharatiya Nyaya Sanhita (BNS), 2023 (Criminal Intimidation): Threatening women who reject or block him is a punishable offense under this section.
• Protection of Children from Sexual Offences (POCSO) Act, 2012: If the accused has been interacting inappropriately with minors, stringent provisions of the POCSO Act, such as Section 11 (Sexual Harassment of a child), will be invoked.
• Information Technology Act, 2000: Sections 67 (Publishing or transmitting obscene material in electronic form) and 67A (Publishing or transmitting material containing sexually explicit acts) are directly applicable to the sharing of unsolicited explicit videos.

If you are the complainant

• After filing an online complaint, you should follow up by submitting a written complaint at your local police station to ensure an FIR is registered under the appropriate sections of the law.
• Provide the police with all the evidence you have collected. It is best to submit this in a digital format, such as on a pen drive or CD, along with a hash value to maintain its integrity.
• Clearly narrate the entire sequence of events in your statement to the police. Mention all known victims and the different types of harassment faced.
• Keep a copy of the FIR and maintain a record of all your interactions with the investigating officers, including their names and contact details.
• 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, both digital and physical, is paramount. Secure all your social media and email accounts with strong, unique passwords and enable two-factor authentication.
• Report the harasser’s profiles to the respective social media platforms for violation of their community standards.
• Block the individual on all channels of communication to prevent further contact.
• Do not hesitate to file an individual police complaint, even if a collective complaint has already been filed. This strengthens the case against the accused.
• Seek psychological support or counseling. Dealing with such harassment can be emotionally and mentally taxing.
• 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

Upon receiving a complaint of this nature, especially one involving cybercrime, the police are mandated to take action. The Cyber Crime Cell is typically involved. The process usually involves a preliminary inquiry based on your complaint, after which an FIR is registered. The police will ask for all digital evidence. Their investigation will focus on tracing the digital footprint of the accused, which includes identifying IP addresses, device details, and coordinating with social media intermediaries to get user information. The process can sometimes be slow due to procedural requirements and the technical nature of the investigation, so persistent and polite follow-up is often necessary.

FAQs people normally have

What evidence is required?

Digital evidence is key in such cases. This includes:

• Screenshots of the harassing messages, comments, and threats.
• Screen recordings of any video calls or disappearing messages.
• The original audio files of any threatening or inappropriate voice notes.
• URLs of the harasser’s profiles on various platforms.
• Any emails or other forms of digital communication.

It is crucial to preserve this evidence in its original format as much as possible, as metadata can be important for forensic analysis.

How long will the investigation take?

The duration of a cybercrime investigation can vary significantly. It depends on factors like the complexity of the case, the digital trail left by the accused, the responsiveness of social media companies and internet service providers, and the investigating agency’s workload. Tracing an individual who uses VPNs or fake profiles can be time-consuming. While a chargesheet is ideally filed within 60 to 90 days of arrest as per the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the investigation leading up to an arrest can take several weeks to months.

Advocate Sudhir Rao, Supreme Court of India