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

A distressing situation has been brought to our attention involving Mr. Alok, whose wife, Mrs. Meera, is facing severe harassment from her own family. Mrs. Meera, an Indian citizen residing abroad, is embroiled in a complex inheritance dispute with her three brothers following the demise of their mother in Bhopal.

The core of the dispute lies in the family property, valued at a significant amount. Before her passing, Mrs. Meera had provided substantial financial support for her mother and underemployed brothers. However, her brothers allegedly coerced their mother into signing a will that drastically limits the reimbursement of these expenses, effectively attempting to disinherit Mrs. Meera from her rightful share. While the probate of this contested will is pending, the brothers have reportedly sold two of the three family properties through questionable means.

The conflict has now escalated into a campaign of harassment led by one brother, Mr. Sameer, who resides in Bhopal. He is circulating a lengthy document via email, social media, and messaging applications, levelling baseless and defamatory accusations against Mrs. Meera. These allegations range from fabricating legal documents and violating immigration laws to vile personal attacks on her character and past. Crucially, Mr. Sameer has publicly posted Mrs. Meera’s private information, including her address and passport details, on professional networking sites—an act of doxxing. This campaign is a clear attempt to blackmail and coerce her into abandoning her legal claim to the inheritance. The family’s history, which includes another brother being incarcerated in Pune for harassment and assault, points to a disturbing pattern of behaviour.

Advice in such cases

When faced with such multifaceted harassment intertwined with a property dispute, it is crucial to act strategically and decisively. Here are the immediate steps to consider:

• Cease all direct communication: Do not engage with the harasser. Any response can be twisted or used to prolong the harassment. Let your lawyer handle all communication.
• Preserve all evidence: Meticulously document every instance of harassment. Take screenshots of messages, social media posts, and emails. Record the date, time, and platform where the harassment occurred.
• Report on platforms: Use the reporting features on social media and messaging apps to flag the abusive content and profiles for removal.
• File a formal complaint: The actions described constitute serious criminal offenses. A formal police complaint is necessary to initiate legal action and create an official record of the harassment.
• Consult with a Lawyer: The very basic and important step to start is to talk to a Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in the range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is an 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 of the brother involve violations under several Indian laws, including the new Bharatiya Nyaya Sanhita (BNS), 2023, and the Information Technology Act, 2000.

• Defamation (Section 356, BNS): Circulating false and malicious documents to harm a person’s reputation is a criminal offense.
• Criminal Intimidation (Section 351, BNS): Threatening to injure a person’s reputation or property to compel them to do something they are not legally bound to do (like giving up an inheritance claim) constitutes criminal intimidation and extortion.
• Violation of Privacy (Section 66E, IT Act): Publishing or transmitting private images or information of a person without their consent is punishable.
• Identity Theft (Section 66C, IT Act): Fraudulently using another person’s electronic signature, password, or unique identification feature is a crime. Sharing passport details could fall under this.
• Publishing Obscene or Sexually Explicit Material (Sections 67, 67A, IT Act): If the content is obscene or sexually explicit, these sections would apply.

If you are the complainant

As the person initiating the legal action, you must be methodical.

• Compile Evidence: Neatly organize all digital evidence. This includes screenshots, URLs of defamatory posts, emails with full headers, and any other relevant documents. Ensure the evidence is backed up securely.
• File an FIR: Approach the cybercrime cell or the local police station to file a First Information Report (FIR). Clearly state all the facts and list the offenses.
• Separate Civil and Criminal Proceedings: Understand that the property dispute is a civil matter, while the harassment is a criminal one. They will proceed on separate legal tracks, but the evidence of harassment can be used to demonstrate malicious intent in the property case.
• Consult with a Lawyer: The very basic and important step to start is to talk to a Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in the range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is an 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 priority should be your safety and mental well-being.

• Secure Digital Presence: Change passwords for all your online accounts, enable two-factor authentication, and review your privacy settings on social media to limit who can see your information.
• Inform Relevant Authorities: If the harasser is making false reports to authorities in your country of residence, it may be prudent to proactively inform them of the situation with the help of a local lawyer.
• Maintain Composure: It is natural to feel distressed, but do not react emotionally or publicly. Let the legal process take its course.
• Consult with a Lawyer: The very basic and important step to start is to talk to a Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in the range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is an 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

Initially, the police might dismiss the issue as a “family matter,” especially since it is linked to a property dispute. However, the offenses of cyberstalking, doxxing, and criminal intimidation are serious. It is important to be persistent. Having a lawyer accompany you can ensure the police take the complaint seriously and register an FIR under the appropriate sections. If the local police are unresponsive, a complaint can be filed with a senior police official or a private complaint can be filed directly before a Magistrate under Section 216 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

FAQs people normally have

What evidence is required?

Strong evidence is the backbone of any criminal case, especially in cybercrime.

• Digital Records: Screenshots, emails, chat histories, and URLs are essential. It is important to preserve them in their original digital format. Taking a printout is good for reference, but the electronic record is the primary evidence.
• Device Information: The device from which the messages were sent can be traced by the police.
• Witnesses: Anyone else who received the defamatory material or witnessed the harassment can act as a witness.

How long will the investigation take?

The timeline for such cases can vary. The criminal investigation into the harassment may move relatively quickly if the evidence is clear and the accused is easily identifiable. Cybercrime investigations can sometimes be delayed if they require data from international tech companies. The civil case for the property dispute, involving probate and partition, will likely take much longer and proceed independently through the civil courts. An experienced lawyer can help navigate both processes efficiently and ensure authorities are held accountable for timely action.

Advocate Sudhir Rao, Supreme Court of India