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

Some time ago, a woman named Kavita was facing severe marital problems with her husband, Sameer. Following numerous disputes, they decided to live separately. Kavita’s brother, Alok, and her close friend, Meera, provided her with emotional and practical support during this difficult period. In a fit of rage and jealousy, Sameer sent highly objectionable and pornographic videos to Kavita, Alok, and Meera. Shocked and distressed, they collectively filed a complaint with the cyber crime unit in their city, Vidyanagar. The police investigation successfully traced the IP address of the sender back to Sameer, leading to his arrest. After a brief period in custody, he was granted bail.

After a prolonged and exhausting legal battle that spanned several years, Kavita and Sameer reached an agreement to file for divorce by mutual consent. However, the terms of the settlement were heavily skewed in Sameer’s favour. He refused to provide any financial support or alimony to Kavita and absolved himself of any responsibility for their two children. A critical condition of this settlement was the withdrawal of the cybercrime case filed against him.

Kavita, worn down by the long fight, agreed to the terms and gave her statement to withdraw the case to move forward with the divorce. Now, the pressure is on Alok and Meera, who are joint complainants, to also withdraw their statements. They are in a dilemma. They do not want to let Sameer get away with his criminal actions, fearing he might repeat such behaviour due to his unstable nature. However, if they refuse to withdraw the complaint, they fear Sameer will find other ways to harass Kavita and disrupt her life further. Even their lawyer, exhausted by Sameer’s relentless harassment of everyone involved, is suggesting a settlement to end the ordeal.

Advice in such cases

• Understand the nature of the offense. Many cybercrime offenses, especially those involving the transmission of obscene material, are non-compoundable. This means the case is between the state and the accused, and private parties cannot simply withdraw it. The court’s permission is required, which is granted only in rare circumstances.
• Do not succumb to pressure. A divorce settlement is a civil matter, while the cybercrime case is a criminal one. One cannot be used as a bargaining chip to force the withdrawal of the other, especially when serious offenses are involved.
• Document everything. Keep a record of any threats, messages, or calls pressuring you to withdraw the case. This can be presented to the court or police as evidence of coercion and criminal intimidation.
• Seek a second legal opinion. If you feel your current lawyer is pushing for a settlement that you are not comfortable with, it is wise to consult another advocate who specializes in criminal and cyber law to understand all your options.
• 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

The actions described involve offenses under both the Information Technology Act, 2000, and the Bharatiya Nyaya Sanhita, 2023 (BNS).

• Section 67 of the Information Technology Act, 2000: This section penalizes the publication or transmission of obscene material in electronic form.
• Section 67A of the Information Technology Act, 2000: This section deals with the more serious offense of publishing or transmitting material containing sexually explicit acts in electronic form, which carries a higher penalty.
• Section 79 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section addresses the offense of insulting the modesty of a woman through words, gestures, or acts. Sending obscene videos would fall under this provision.
• Section 351 of the Bharatiya Nyaya Sanhita, 2023 (BNS): If the accused is threatening or pressuring the complainants to withdraw the case, it can amount to criminal intimidation, which is punishable under this section.

If you are the complainant

If you are a co-complainant like Alok or Meera, here is what you should consider:

• You have an independent legal standing in the case. As a joint complainant, your consent is crucial for any compromise or withdrawal, especially if the offense is compoundable.
• You can formally inform the court about the pressure and coercion you are facing to withdraw the complaint. The court can take cognizance of such acts.
• The offenses under the IT Act are generally non-compoundable. This means that even if all complainants agree to withdraw, the court and the prosecution may decide to continue with the trial based on the evidence, as the crime is considered an offense against the state/society.
• 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.
• Present your case firmly. You can state before the magistrate that you do not wish to withdraw the complaint as you believe the accused poses a threat and should be held accountable for his actions.

If you are the victim

If you are the primary victim like Kavita, who is being compelled by circumstances:

• Re-evaluate the settlement. A divorce settlement that leaves you and your children financially vulnerable while letting the other party evade criminal charges is not a fair agreement.
• Separate the civil and criminal matters. Your rights to maintenance and child support are separate from the criminal case. Do not let one compromise the other.
• Seek protection. If you fear harassment from your ex-husband, you can apply for a protection order from the 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.

How the police behave in such cases

Initially, in cybercrime cases, especially those involving women’s safety, the police are generally proactive in registering a First Information Report (FIR) and initiating an investigation. They will work to gather digital evidence like IP logs from internet service providers. However, as the case proceeds to trial, and if talks of a “settlement” or “compromise” emerge between the parties, the police might adopt a more passive role. They may encourage the parties to resolve the matter amicably to reduce their caseload. However, they are legally bound to follow the court’s directions and cannot force any party to withdraw a non-compoundable criminal case.

FAQs people normally have

• Can one complainant withdraw a case without the consent of the others?
  No, in a joint complaint, all complainants must typically agree to a withdrawal or compromise. If even one complainant wishes to proceed, the case can continue.
• What is the difference between a compoundable and a non-compoundable offense?
  Compoundable offenses are less serious crimes where the victim can enter into a compromise with the accused and agree to drop the charges (e.g., simple hurt, defamation). Non-compoundable offenses are serious crimes considered offenses against the state, and the victim cannot withdraw the case on their own (e.g., murder, rape, and many serious cybercrimes).
• Can a divorce settlement legally require the withdrawal of a criminal case?
  While parties may agree to such terms, a court is not bound by them. A judge may reject a settlement that attempts to stifle a criminal prosecution, especially for a serious, non-compoundable offense, as it can be seen as against public policy.

What evidence is required?

• The electronic records of the obscene videos or messages. This includes screenshots, the original files, and any links.
• The mobile phones, laptops, or other devices on which the material was received.
• Details of the email addresses, social media profiles, or phone numbers from which the material was sent.
• IP address logs, which the police will obtain from the relevant service providers during the investigation.
• Statements of all the witnesses who received the material or have knowledge of the incident.
• Any evidence of subsequent threats or pressure to withdraw the case, such as call recordings or messages.

How long will the investigation take?

The duration of a cybercrime investigation can vary significantly. It depends on factors such as the complexity of tracing the digital footprint, the responsiveness of technology companies and internet service providers in sharing data, and the workload of the investigating agency. It can take anywhere from a few months to over a year for the police to collect all evidence and file a chargesheet. The subsequent court trial can be a lengthy process, often taking several years to conclude, as evidenced by the case in question.

Advocate Sudhir Rao, Supreme Court of India