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

Mr. Sameer Sharma is deeply concerned because his sister, Ms. Priya Sharma, a student at Apex Institute of Technology in the city of Chandrapur, has been receiving a series of highly abusive and disturbing emails. These messages are being sent to her official college email address from an unknown source. Despite reporting the issue to the college administration, no effective action has been taken, leaving Priya distressed and the family worried for her safety and well-being. This situation constitutes a serious case of cyber harassment and stalking.

Advice in such cases

• Preserve all evidence meticulously. Do not delete the emails. Take screenshots of every message, ensuring the sender’s details and the date/time are visible. If possible, save the original emails as .eml files.
• Immediately block the sender’s email address to prevent further direct contact.
• Report the matter formally and in writing to the college’s Disciplinary Committee or Internal Complaints Committee (ICC). An official written complaint creates a record of their inaction.
• File a complaint with the National Cyber Crime Reporting Portal (cybercrime.gov.in) or at the nearest police station, specifically asking to register it with the Cyber Crime Cell.
• 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

This situation involves offenses under both the Bharatiya Nyaya Sanhita (BNS), 2023, and the Information Technology Act, 2000.

• Section 78 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section defines and punishes stalking. Monitoring a woman’s use of the internet, email, or any form of electronic communication without her consent falls directly under this section.
• Section 79 of the BNS, 2023: This section addresses the offense of insulting the modesty of a woman. Sending abusive and creepy messages clearly qualifies as an act intended to insult her modesty.
• Section 351 of the BNS, 2023: This section deals with criminal intimidation. If the emails contain threats to cause harm to her person, reputation, or property, this section will be applicable.
• Sections 67 and 67A of the Information Technology Act, 2000: These sections penalize the publication or transmission of obscene or sexually explicit material in electronic form. The content of the emails will determine the applicability of these sections.

If you are the complainant

As a concerned family member, like Mr. Sharma, you can take several steps to help.

• You can accompany the victim to the police station and assist her in filing the complaint. You can be the first informant.
• Help in organizing and preserving all the evidence in a systematic manner.
• Provide emotional and moral support to the victim, who is undergoing significant mental distress.
• 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.
• Follow up with the college administration and the police on the progress of the complaint.

If you are the victim

If you are the one receiving such messages, like Ms. Sharma, your safety and well-being are paramount.

• Do not reply or engage with the sender in any way. Any response can encourage the harasser.
• Confide in your family or trusted friends. You do not have to go through this alone.
• Document every single incident. Keep a log of the dates, times, and content of the messages.
• 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.
• Formally file the police complaint. Your statement is the primary basis for the First Information Report (FIR).

How the police behave in such cases

Upon receiving a complaint of this nature, the police are mandated to act. Typically, the process involves:

• Registration of FIR: The police should register an FIR under the relevant sections of the BNS and IT Act. If you are at a police station that claims it is not their jurisdiction, they are obligated to file a “Zero FIR” and transfer it to the appropriate station.
• Investigation by Cyber Cell: The case will most likely be transferred to the specialized Cyber Crime Cell.
• Evidence Collection: They will ask for all the evidence you have collected, such as screenshots and saved emails.
• Tracing the Accused: The police will write to the email service provider (e.g., Gmail, Outlook) and the college’s IT department to obtain the IP address logs from which the emails were sent. This is a critical step in identifying the perpetrator.
• Action against the Accused: Once the accused is identified, the police will proceed with interrogation and potential arrest as per the procedures laid down in the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

FAQs people normally have

• Can the person sending emails be traced?
  Yes. In most cases, the sender can be traced by tracking the IP address from the email headers. Even if a VPN is used, it can often be traced with the cooperation of the VPN service provider, although it makes the process more complex.
• What if the college continues to be uncooperative?
  If the college administration fails to act, a legal notice can be served to them for their negligence. Furthermore, the police have the authority to legally compel the college to share necessary information for the investigation.
• Will my name and details be made public?
  The law provides for the protection of the identity of victims in cases of sexual harassment and stalking. You can request the police and the court to ensure your identity is not disclosed.

What evidence is required?

Strong evidence is key to a successful prosecution. You will need:

• Full-page screenshots or printouts of all abusive emails, ensuring the sender’s address, recipient’s address, date, and time are clearly visible.
• The original email files (with .eml or .msg extension) saved on a pen drive or CD. These contain header information crucial for tracing the origin.
• A copy of the written complaint submitted to the college administration and any response received from them.
• A detailed written statement describing the harassment, its timeline, and the mental distress it has caused.

How long will the investigation take?

The duration of a cybercrime investigation can vary significantly. Tracing an IP address and getting a response from email service providers can take anywhere from a few days to several weeks. If the perpetrator has used sophisticated methods to hide their identity (like public Wi-Fi, multiple VPNs), the investigation may take longer. After the chargesheet is filed, the court proceedings will have their own timeline, which can span several months to years depending on the complexity of the case and the court’s schedule.

Advocate Sudhir Rao, Supreme Court of India