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

A young man, Mr. Sameer, was in communication with a woman, Ms. Divya (19), which ended on a sour note. Following an argument where Ms. Divya made some remarks Sameer found unacceptable, he reacted angrily. He made a hurtful comment based on sensitive personal information she had previously shared about her family situation, and then blocked her. Shortly after, Sameer began receiving a barrage of extremely abusive messages from various unknown phone numbers. The messages targeted him and his family with vile language.

Initially, Sameer deleted the messages as they were causing him significant mental distress. The next day, the abusive texts resumed. Feeling a degree of guilt for his initial comment, Sameer reached out to Divya, apologized, and thought the matter was resolved. Later, on a family festival, Divya wished him and apologized for her behaviour. Sameer accepted her apology but declined her suggestion to reconnect.

However, the situation escalated when Sameer discovered that his younger brother, a minor aged 15, had also been targeted with abusive messages by Divya. This prompted Sameer to retaliate. He used one of the numbers from which he had received abuse and sent messages back to Divya, targeting her known insecurities, which were based on information she had shared with him in confidence.

This led to Divya’s family becoming aware of the conflict. The harassment then took a new turn. Divya began contacting Sameer’s followers on his social media profile, sending them selectively edited screenshots of their conversations. She falsely accused him of being a pervert and manipulating her for sexual favours, despite them never having met in person. Sameer is now concerned about potential legal repercussions, especially since he was told Divya’s father is a police officer, and he is unsure how to handle the ongoing defamation and harassment.

Advice in such cases

• Cease all communication immediately. Do not engage in any further conversation, arguments, or retaliation. Any further interaction can be used against you.
• Preserve all evidence. Take screenshots of all abusive messages, defamatory posts, comments, and the profiles of the person harassing you. Document the phone numbers used. Do not delete anything.
• Report the user and the content on the respective social media platforms for harassment and violation of community standards.
• Secure your own social media accounts. Change your passwords and update your privacy settings to limit who can see your profile and contact you.
• 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 cases of online harassment, threats, and defamation, several provisions of Indian law may be applicable. With the introduction of new criminal laws, the relevant sections are:

• Section 356 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with the offence of defamation. Spreading false and malicious information about someone online to harm their reputation falls squarely under this provision.
• Section 351 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section pertains to criminal intimidation. If the messages contain threats to cause harm to person, property, or reputation, this section can be invoked.
• Section 77 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section addresses stalking. Repeatedly contacting or attempting to contact a person through any means of electronic communication without their consent, causing fear or distress, constitutes stalking.
• The Information Technology Act, 2000: This Act remains crucial for cybercrimes. Relevant sections include Section 66C (identity theft, for using different numbers or fake profiles), Section 66E (violation of privacy), and Section 67 (publishing or transmitting obscene material in electronic form).
• The Protection of Children from Sexual Offences (POCSO) Act, 2012: Since the complainant’s younger brother (a minor) was also harassed, provisions of the POCSO Act, such as Section 11 (sexual harassment), could be attracted depending on the nature of the messages sent to him.

If you are the complainant

If you are in Sameer’s position and wish to take legal action, you should:

• Organize all your evidence meticulously. This includes screenshots, call logs, profile URLs, and any other relevant digital records.
• Draft a detailed complaint outlining the sequence of events chronologically. Be factual and avoid emotional language.
• File a complaint with the National Cyber Crime Reporting Portal (www.cybercrime.gov.in) or visit the cyber cell of your local police station.
• Provide the police with all the evidence you have collected. You may need to provide a certificate under Section 65B of the Indian Evidence Act to ensure the admissibility of your electronic evidence in court.
• 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

If a complaint has been filed against you, or you fear one might be, you are now in the position of an accused. It is critical to proceed with caution:

• Do not communicate with the complainant or their family. Anything you say can be misconstrued.
• Do not destroy any evidence, even if you believe it is incriminating. Preserve the evidence that shows your side of the story, including any provocation from the other party.
• If you receive a notice from the police under Section 41A of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), you must comply and appear before the investigating officer.
• Do not make any admissions of guilt to the police or anyone else without legal advice.
• 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 will protect your rights and guide you through the investigation and any subsequent legal proceedings.

How the police behave in such cases

Upon receiving a complaint, the police will typically conduct a preliminary inquiry. If they find that a cognizable offence has been committed, they will register a First Information Report (FIR). The investigation will involve collecting evidence from both parties. They will issue notices to the social media platforms and telecom companies to obtain user data, IP logs, and call detail records. The fact that a relative of one party is in the police force should not legally affect the investigation’s fairness, but having a competent lawyer is essential to ensure that the process remains unbiased and adheres to the rule of law. The police will question both the complainant and the accused to understand the complete context, including the element of provocation from both sides.

FAQs people normally have

What evidence is required?

The primary evidence in such cases is digital. This includes:

• Screenshots of the abusive chats, posts, and comments. Ensure the date, time, and sender’s ID/number are visible.
• The phone numbers from which the abusive messages were sent.
• URLs of the social media profiles used for harassment or defamation.
• Witness statements from any third parties who received the defamatory messages.
• A certificate under Section 65B of the Indian Evidence Act, 1872, to authenticate the electronic records submitted.

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 responsiveness of technology companies in providing data, and the caseload of the investigating agency. It can range from a few months to over a year. Patience and regular follow-ups through your lawyer are key.

Advocate Sudhir Rao, Supreme Court of India