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

Ms. Anjali, a resident of Navipur, has been facing relentless online harassment from a former acquaintance, Mr. Sameer, for nearly eight years. Despite having no close relationship with him, he persistently tries to contact her through various online channels. Anjali has blocked him on all major social media platforms, but he continues to find new ways to reach her, recently using a lesser-known social networking site to send multiple messages.

Even after she deleted that account, the messages (“I need to talk,” “Please forgive me”) continue to arrive as email notifications. This constant barrage of unwanted communication has left her feeling distressed and unsafe. Although she has previously approached the cybercrime and women’s safety cells, the harassment has not stopped, making her feel pressured and anxious. This situation highlights a classic case of cyberstalking, where the perpetrator’s actions are designed to cause fear and emotional distress.

Advice in such cases 💡

If you find yourself in a similar situation, it is crucial to take structured steps to protect yourself and build a strong legal case.

• Cease All Communication: Do not reply to the stalker under any circumstances. Any response, even a negative one, can be misinterpreted as encouragement.
• Document Everything: Take screenshots of all messages, emails, friend requests, and profile information. Note the date, time, and platform for each instance. This documentation is your most powerful tool.
• Preserve Evidence: Do not delete the messages. Keep a secure digital and physical file of all evidence. This includes URLs of the stalker’s profiles.
• Re-approach the Police: Since previous complaints did not resolve the issue, file a fresh, detailed complaint with all the new evidence you have collected. A persistent pattern of harassment over eight years is a serious offense.

Applicable Sections of Law ⚖️

Under the new Indian penal laws, cyberstalking is a specific and serious offense. The primary law that applies here is:

• Section 77 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section defines stalking. It penalizes any man who follows a woman or contacts, or attempts to contact a woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman. It also includes monitoring the use by a woman of the internet, email, or any other form of electronic communication. A first-time conviction can lead to imprisonment for up to three years and a fine. A subsequent conviction can result in imprisonment for up to five years and a fine.

If you are the complainant ✍️

When you decide to file a formal complaint, follow these steps to ensure it is handled effectively:

• File an FIR: Go to your nearest police station and file a First Information Report (FIR) under Section 77 of the BNS. You can also file a complaint online through the National Cyber Crime Reporting Portal (www.cybercrime.gov.in).
• Provide a Detailed Written Complaint: Clearly state the entire history of the harassment, mentioning the duration (eight years in this case) and the mental distress it is causing.
• Submit All Evidence: Hand over all the screenshots, printouts, and digital evidence you have collected.
• Obtain a Copy: Always take a copy of the FIR. It is your right and is necessary for follow-up. If the police refuse to register an FIR, you can approach the Superintendent of Police or file a complaint directly with a Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

If you are the victim 😟

Your safety and mental well-being are paramount. Take these measures to protect yourself:

• Enhance Privacy Settings: Review and strengthen the privacy and security settings on all your social media and email accounts. Limit who can see your posts and send you messages or friend requests.
• Inform Your Support System: Confide in trusted friends or family members about the situation. Do not suffer in silence.
• Seek Emotional Support: Continuous harassment can take a severe toll on your mental health. Consider speaking with a therapist or counselor to help you cope with the anxiety and fear.

How the police behave in such cases 👮

Initially, police might sometimes downplay online harassment, especially if there is no physical threat. However, the law is now very clear on this issue. Persistence is key. When you present a well-documented case showing a long-term pattern of stalking and clear evidence of unwanted contact, they are obligated to act. If the local police are unresponsive, escalating the matter to a senior officer or the courts is an effective legal remedy available under the BNSS.

FAQs people normally have 🤔

• What if the stalker uses a fake profile?
  The police’s cyber cell has the technical capability to trace the IP address from which the profile is being operated, which can lead them to the perpetrator’s device and location.
• Can I get a restraining order against the person?
  Yes, you can file an application in court seeking an injunction or a restraining order to legally prohibit the person from contacting you in any manner, online or offline.
• Will I have to face the person in court?
  If the matter proceeds to trial, you will likely have to testify. However, the legal system has provisions to ensure the victim’s comfort and safety during this process.

What evidence is required? 📂

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

• Screenshots of all messages, comments, and friend requests from the stalker.
• Emails sent by the stalker.
• The URL or web address of the stalker’s profiles (both real and fake).
• A detailed log of all incidents with dates and times.
• Copies of any previous complaints filed with the police or other authorities.

How long will the investigation take? ⏳

The duration of a cybercrime investigation can vary. It depends on factors like the complexity of the case, the responsiveness of social media companies in providing user data, and the caseload of the investigating agency. Tracing digital evidence like IP addresses can take a few weeks to a few months. Regular follow-ups with the investigating officer can help expedite the process.

Advocate Sudhir Rao, Supreme Court of India