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

A young woman, Ms. Priya, finds herself in a distressing situation. A few years ago, when she was a minor, an individual named Mr. Sameer blackmailed her. While the direct blackmail ceased, the harassment has not. Now an adult, Ms. Priya is continuously being contacted by Mr. Sameer, who creates new fake accounts on various social media platforms to reach her after she blocks him. She possesses some evidence, such as links to his real and fake profiles and a clear timeline of the harassment. However, much of the initial blackmail occurred over phone calls, and she had deleted many chat histories, believing the ordeal was over.

Ms. Priya is now contemplating filing a report on the National Cyber Crime Reporting Portal but is filled with anxiety. She is unsure about the safety and efficacy of the process, whether her partial evidence is sufficient, and the potential for her family to be involved. She is torn between taking action to stop the relentless harassment and letting it go to avoid further emotional turmoil.

Advice in such cases

• Preserve all existing and future evidence. Take screenshots of the fake profiles, messages, and any communication attempts. Ensure the URL is visible in the screenshots where possible.
• Document every incident with dates, times, and a description of what happened. A detailed timeline is a powerful tool.
• Do not engage with the harasser. Do not reply to their messages or answer their calls. Any response can encourage them.
• Secure your social media accounts. Review your privacy settings, strengthen your passwords, and enable two-factor authentication on all platforms.
• 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

Such actions can attract penalties under several laws. The primary statutes are the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Information Technology Act, 2000.

• Bharatiya Nyaya Sanhita, 2023 (BNS): Replaces the Indian Penal Code. Relevant sections include Section 80 for Stalking, Section 316 for Criminal Intimidation (threats), and Section 334 for Extortion.
• Information Technology Act, 2000: This Act specifically deals with cybercrimes. Relevant sections include Section 66C for Identity Theft (using fake profiles), Section 66D for Cheating by Personation, and Section 66E for Violation of Privacy. If obscene material was used, Sections 67 and 67A could also apply.

If you are the complainant

• The first step is to formally report the crime. You can do this by filing a complaint on the National Cyber Crime Reporting Portal (cybercrime.gov.in) under the “Report Women/Child Related Crime” category.
• Alternatively, you can approach the cyber cell in your city or file a First Information Report (FIR) at your local police station. You have the right to file a Zero FIR at any police station, regardless of jurisdiction.
• Compile all your evidence systematically. Create a folder with screenshots, links, call logs, and a detailed written complaint outlining the entire sequence of events from the beginning.
• 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

• Your mental and emotional well-being is the priority. This is a traumatic experience, and it is crucial to seek support from trusted friends, family, or a mental health professional.
• Remember that you are not at fault. The blame lies solely with the perpetrator. Do not let feelings of shame or guilt prevent you from seeking justice.
• Understand your rights. As a victim of such crimes, you have the right to privacy during the investigation. You can request that a female officer record your statement.
• 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.

How the police behave in such cases

The attitude of law enforcement officials can vary. Officers at specialized Cyber Crime Cells are generally more trained, sensitized, and equipped to handle such cases with the required technical knowledge and sensitivity. Reporting through the national portal (cybercrime.gov.in) often streamlines the process, as the complaint is electronically forwarded to the appropriate state/city unit for action. While some local police stations might initially be less responsive, the law under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) mandates them to register a complaint for a cognizable offense. Persistence and having a clear, well-documented complaint can make a significant difference. The system is designed to take these complaints seriously, especially those involving women’s safety.

FAQs people normally have

Is the process truly anonymous? Will my parents be involved?
While the portal has options for anonymous reporting, for a thorough investigation and prosecution, your identity and contact details will be required. The police need to record your statement. As you are legally an adult (above 18), the police have no legal obligation to inform your parents or guardians. You can explicitly request them to maintain your privacy in this regard, and they generally comply unless circumstances necessitate otherwise.

What if I only have partial proof?
Partial proof is better than no proof. Your detailed testimony is a crucial piece of evidence. Evidence like links to fake and real accounts, a clear timeline, and specific details you remember are very valuable. The police have investigative powers and technical means to uncover more evidence, such as IP addresses and device details, by coordinating with social media companies. Do not let a perceived lack of “complete” proof deter you from reporting.

Do they really take action, or is the complaint just filed away?
Action is taken. Once a complaint is filed on the portal, it is assigned to the respective state’s law enforcement agency. The outcome depends on factors like the quality of evidence provided, the complexity of tracing the accused, and inter-state coordination. Many reports lead to the accused being warned, content being taken down, and in serious cases, arrests and prosecution. While not every case reaches a full resolution, reporting is the essential first step to initiate action and create a record against the perpetrator.

What evidence is required?

To build a strong case, you should gather as much of the following as possible:

• Screenshots of the harasser’s messages, comments, and profiles. Ensure the date, time, and platform name/URL are visible.
• The URLs or web links to the fake and real profiles of the accused.
• Call records or logs showing repeated contact attempts.
• A detailed written account of the harassment, including a timeline of events.
• Any information you have about the accused, such as their name, phone number, or mutual contacts.
• If any financial extortion was involved, provide bank transaction details or screenshots of payment requests.

How long will the investigation take?

The duration of a cybercrime investigation is not fixed. It can range from a few weeks to many months, or even longer. The timeline depends on several factors, including the complexity of the case, the ease of identifying and locating the accused (who may be using tools to hide their location), and the speed of response from social media platforms and internet service providers when the police request data. Jurisdictional challenges, if the accused is in another state, can also add to the timeline. Regular follow-up with the investigating officer is advisable.

Advocate Sudhir Rao, Supreme Court of India