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

A young professional, Ms. Ananya, found herself in a deeply distressing situation after ending a relationship with a man named Rohan. The relationship, which began online, soured after she discovered his disturbing behavior, including sending unsolicited explicit images to other women. Upon ending the relationship, she requested that he cease all contact and not visit her city, Jayanagar.

However, Rohan refused to accept the breakup. His actions escalated into a relentless campaign of harassment and stalking. He began appearing uninvited outside her residence, her office, and even followed her on public transport. In one alarming incident, he physically tried to restrain her, forcing her to defend herself. He further terrorized her by mentioning that he had been watching her family members, creating a constant state of fear.

When Ananya blocked him on all platforms, he circumvented this by using various phone numbers and fake accounts to contact her, her family, friends, and even her colleagues. He weaponized their private memories by sending personal pictures to her parents and relatives in an attempt to shame and isolate her. The harassment moved to her professional life when he posted false and derogatory reviews on her company’s public Google page, attacking her character and jeopardizing her reputation at her workplace, a reputed firm in the city.

Most recently, he created a public highlight reel on a social media platform using her photos without her consent, spreading false narratives that she was unfaithful. Despite a police complaint being filed with documented evidence of stalking, defamation, and digital abuse, the harassment continues, leaving Ananya and her family feeling helpless and mentally shattered while the official process moves forward slowly.

Advice in such cases

In such harrowing circumstances, it is crucial to act methodically to protect yourself and build a strong legal case.

• Document Everything: Keep a detailed log of every incident of harassment, including dates, times, locations, and a description of what happened.
• Preserve Evidence: Do not delete anything. Take screenshots of all messages, social media posts, fake profiles, and call logs. Save URLs of the abusive content.
• Inform Your Circle: Confide in trusted family members, friends, and your employer. Their awareness is crucial for your safety and they can also serve as witnesses.
• Secure Your Digital Life: Immediately change all your passwords and maximize privacy settings on all social media accounts. Be cautious about what you post publicly.
• Report on Platforms: Use the built-in reporting tools on platforms like Instagram and Google to report the abusive profiles, posts, and reviews for violating their community standards.

Applicable Sections of Law

Under the new Indian legal framework, several provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, are applicable to such acts:

• Section 77, BNS (Stalking): This section directly addresses the act of following a person, attempting to contact them despite clear disinterest, or monitoring their online activity. Rohan’s repeated physical appearances and digital messaging fall squarely under this offence.
• Section 76, BNS (Voyeurism): The act of sharing private pictures without consent can be prosecuted under this section, which deals with violating a woman’s privacy.
• Section 356, BNS (Defamation): Posting false and malicious reviews on a public platform to harm a person’s reputation is a clear case of criminal defamation.
• Section 351, BNS (Criminal Intimidation): Threatening behaviour, such as mentioning that he is watching her family, is meant to cause alarm and can be charged as criminal intimidation.

If you are the complainant

Taking decisive legal action is paramount.

• File an FIR: Lodge a First Information Report (FIR) at your local police station or the Cyber Crime Cell. The offences mentioned above are cognizable, meaning the police can start an investigation and make an arrest without a court warrant.
• Submit All Evidence: Provide the police with all the documented evidence you have collected. This is the foundation of your case.
• Follow-Up: If you feel the police are not acting promptly, you have the right to approach the Superintendent of Police. Alternatively, a private complaint can be filed before the Magistrate under Section 222 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
• 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 resolve in 7-10 days.

If you are the victim

Your personal safety and well-being are the top priority.

• Cease All Contact: Do not respond to the harasser in any way. Any engagement, even a negative one, can be twisted or used as encouragement. Block him from all possible channels.
• Prioritize Safety: Inform your building security, office administration, and colleagues about the situation. Vary your daily routines and travel routes if possible.
• Seek Support: Dealing with such trauma is emotionally and mentally draining. Seek professional help from a therapist or counsellor to navigate the anxiety and fear.

How the police behave in such cases

Police authorities, particularly cyber crime units, are increasingly equipped to handle cases of digital harassment and stalking. They will typically register an FIR and begin the investigation by collecting the evidence you provide. They have procedures to trace IP addresses, mobile numbers, and can issue formal notices to social media companies and internet service providers to furnish user data. However, the process can be time-consuming as it involves coordination with corporate entities that may have slow response times. Consistent follow-up with the Investigating Officer is essential to ensure the case progresses.

FAQs people normally have

People in these situations often have pressing questions about the process.

What evidence is required?

A strong case is built on solid evidence. You will need:

• Digital proof: Screenshots of all messages, social media posts, comments, and profiles. Make sure the date and time are visible.
• Communication logs: Call records and, where legally permissible, recordings of threatening calls.
• Links: The URLs of the defamatory content and fake profiles.
• Witnesses: Statements from any person (friend, family, colleague) who was contacted by the harasser or witnessed the stalking.
• Physical evidence: Any CCTV footage from your residence, office, or public places that captures the stalking.

How long will the investigation take?

The duration of a police investigation varies greatly. It can take anywhere from a few weeks to several months, depending on the complexity of tracing digital evidence, the responsiveness of technology companies, and the investigating agency’s caseload. Once the police gather sufficient evidence, they will file a chargesheet in court, after which the trial proceedings begin.

Advocate Sudhir Rao, Supreme Court of India