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

For over a year, a resident of Amanpur, Mrs. Kavita Sharma, has been enduring a distressing situation. An anonymous individual created a fake profile on a popular social media platform and has been sending malicious messages to her husband, Mr. Sameer Sharma. These messages, which have been continuous, aim to defame Kavita and her sisters, suggesting they are of questionable character. The messages are indirect but clearly targeted, with statements like, “You will regret marrying a girl from that family,” and “Be careful, the women in that household are not what they seem.”

The anonymous person has only contacted her husband and refuses to engage with Kavita or her family directly. When Mr. Sharma attempted to communicate with the profile owner to uncover their identity and arrange a meeting, he was met with a barrage of abusive language. Kavita has exhausted all personal avenues to identify the person behind the fake account but has been unsuccessful. While the messages don’t explicitly name her, the context makes it clear she is the target. Frustrated and harassed, she is now considering filing a police complaint but is worried about whether the authorities will be able to trace the individual and wants to know who is causing her family this distress.

Advice in such cases

• Do not engage with the harasser. Replying or arguing can often escalate the situation.
• Preserve all evidence. Take screenshots of the fake profile, all messages sent, and the profile’s URL. Ensure the date and time are visible in the screenshots.
• Report the profile to the social media platform for impersonation and harassment. While this may get the account taken down, it does not help in identifying the culprit.
• Do not delete any messages or block the user until you have saved all evidence and filed a complaint, as this is crucial for the investigation.
• 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

In India, such acts are covered under the Bharatiya Nyaya Sanhita (BNS) and the Information Technology Act, 2000. The police can register a First Information Report (FIR) under the following sections:

• Section 356 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with defamation. Making or publishing any imputation concerning any person with the intention to harm their reputation is a criminal offense. Sending such messages to the husband qualifies as publication.
• Section 351 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section addresses criminal intimidation. If the messages contain threats to cause harm to a person, their reputation, or property, it can be invoked.
• Section 66C of the Information Technology Act, 2000: This pertains to identity theft. If the fake profile uses someone else’s photo or personal details to impersonate them, this section is applicable.
• Section 67 of the Information Technology Act, 2000: This section deals with publishing or transmitting obscene material in electronic form. If the content of the messages is lewd or lascivious, this section can be applied.

If you are the complainant

If you find yourself in a situation where a complaint has been filed against you based on such allegations, it is imperative to act cautiously and strategically.

• Do not destroy any electronic devices or data that might be relevant to the case, as this could be construed as destruction of evidence.
• Prepare a timeline of your online activities and gather any evidence that can prove your innocence or provide context to the allegations.
• Cooperate with the investigation as required by law, but do not make any statements without legal guidance.
• 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. He will guide you on the best course of action, including applying for anticipatory bail if necessary.

If you are the victim

As the victim of such online harassment, you have specific legal remedies available to you.

• The first step is to file a written complaint at your nearest police station or with the Cyber Crime Cell of your city.
• Provide the police with all the evidence you have collected, including screenshots, URLs, and a detailed account of the harassment.
• The police will register an FIR and begin their investigation. This will involve contacting the social media company to obtain the IP address and registration details associated with the fake account.
• Stay in touch with the Investigating Officer (IO) for updates on the case.
• 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. An advocate can help you draft the police complaint effectively and ensure the police take appropriate action.

How the police behave in such cases

The police, particularly the Cyber Crime Cell, are trained to handle such cases. Upon receiving a complaint, they will register an FIR under the relevant sections of the BNS and IT Act. The primary investigative step is to issue a notice under Section 91 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) to the social media intermediary (e.g., Instagram) to provide subscriber information and IP address logs for the fake account. Once the IP address is traced, the police work with the concerned Internet Service Provider (ISP) to identify the location and user from where the account was being operated. While the police are equipped to investigate, the process can sometimes be slow due to the procedural requirements and the volume of cases.

FAQs people normally have

Can the police really find someone behind a fake profile?
Yes, the police have the technical means to trace individuals through IP addresses and other digital footprints. However, success can be difficult if the perpetrator has used sophisticated methods to hide their identity, such as using a VPN or public Wi-Fi.

What if the person is from another country?
Jurisdiction can be complex if the perpetrator is in another country. However, India has Mutual Legal Assistance Treaties (MLATs) with many countries to cooperate on criminal investigations. The process is more complicated and time-consuming but not impossible.

Should I hire a private investigator?
It is generally not advisable. A private investigator’s methods may not be legally admissible in court. It is best to rely on the official police investigation, supported by legal counsel.

What evidence is required?

To build a strong case, you must provide clear and comprehensive evidence. This includes:

• Screenshots of the fake profile page, showing the profile name and URL.
• Screenshots of every single harassing message, ensuring the timestamp and sender’s profile name are visible.
• The complete URL of the fake profile.
• A detailed written complaint explaining the entire sequence of events, the nature of the harassment, and the impact it has had on you and your family.
• Any information you might have that could point towards a potential suspect, such as a shared acquaintance or a specific style of writing.

How long will the investigation take?

The duration of a cybercrime investigation varies significantly. Simple cases might be resolved in a few weeks, while more complex ones can take several months or even longer. The timeline depends on several factors, including the responsiveness of the social media platform in providing data, the complexity of tracing the digital trail (especially if a VPN was used), and the overall caseload of the investigating police unit. Patience and regular follow-up with the authorities are key.

Advocate Sudhir Rao, Supreme Court of India