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

In the city of Alipur, a young woman named Meera found herself in a deeply distressing situation. Her cousin, Sameer, had violated her privacy in a manner that left her feeling scared and helpless. For a long time, Sameer had been supported by both his father, Mr. Gupta, and Meera’s father, Mr. Khanna, who were brothers. The family was keen on resolving issues internally to avoid public embarrassment.

However, Meera, along with her mother and Sameer’s own sister, Divya, decided that this could not be ignored. They approached the senior members of their family to intervene. Initially, when confronted in front of his father, Sameer flatly denied everything. But the situation turned when his younger sister, Divya, firmly scolded him. She made it clear that his actions constituted a serious cybercrime under Indian law and that he could face significant jail time if a formal complaint was lodged. The mere mention of legal consequences and the cybercrime unit made him retract his denials.

Faced with the reality of the law, Sameer backed down. To ensure he could never deny his actions again, Divya made him send a voice recording to Meera and her parents, admitting to his misconduct. A family meeting was scheduled, during which Sameer was made to write and sign a formal letter of apology. In the letter, he pledged never to repeat such behaviour. The letter also stipulated that if any of Meera’s private pictures ever surfaced online, it would be presumed that he was responsible for circulating them, and he would be handed over to the police without any further family discussion. This document was signed by Sameer, both fathers, and other family members present as witnesses.

Meera’s experience shows that even when the perpetrator is a close relative, the fear of the law and societal shame can be a powerful deterrent. Indian laws, especially those concerning cybercrime and the privacy of women, are robust and can be used effectively.

Advice in such cases

• Do not panic. Your immediate safety and mental well-being are the priority.
• Preserve all evidence. Take screenshots of messages, save recordings, and do not delete any communication from the perpetrator.
• Confide in a trusted friend or family member who can support you through the process.
• Avoid engaging in a heated argument or making threats to the perpetrator, as this might escalate the situation or give them a chance to destroy evidence.
• 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

Under the new Indian laws, several provisions can be invoked in such cases:

• Section 70 of the Bharatiya Nyaya Sanhita (BNS), 2023 (Voyeurism): This section applies if someone captures an image or video of a woman engaging in a private act in a place where she would usually have the expectation of not being observed, and disseminates it.
• Section 79 of the Bharatiya Nyaya Sanhita (BNS), 2023 (Publication of sexually explicit material): This section criminalizes the publication or transmission of any material which contains a sexually explicit act or conduct.
• Section 342 of the Bharatiya Nyaya Sanhita (BNS), 2023 (Criminal Intimidation): If the perpetrator threatens to circulate private pictures to cause alarm or to compel you to do something, it amounts to criminal intimidation.
• Information Technology Act, 2000: Sections like 66E (Violation of privacy), 67 (Publishing or transmitting obscene material), and 67A (Publishing or transmitting material containing sexually explicit act) are also highly relevant and are frequently used in such cybercrime cases.

If you are the complainant

If you find yourself accused in such a matter, it is crucial to understand the seriousness of the situation.

• Do not attempt to contact or intimidate the victim. This can lead to additional, more severe charges against you.
• Do not destroy any potential evidence, such as your phone or laptop, as this can be seen as an admission of guilt and obstruction of justice.
• Cooperate with the police investigation if a formal complaint is filed.
• 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 first step should be to secure all evidence. Take screenshots of chats, social media profiles, and any published material. Keep digital copies in a safe place.
• File a complaint online at the National Cyber Crime Reporting Portal (www.cybercrime.gov.in) or at your nearest police station, specifically asking to be directed to the Cyber Cell.
• Provide the police with all the evidence you have collected. Be clear and precise in 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 police, particularly the cybercrime units, are now better equipped and trained to handle cases of online harassment and privacy violation with sensitivity. When you file a complaint, you can expect them to register a First Information Report (FIR) under the appropriate sections of the BNS and the IT Act. They have the authority to issue notices to social media platforms to take down the offending content and provide user details. The investigation typically involves seizing the electronic devices of the accused for forensic analysis to recover evidence.

FAQs people normally have

• Can I file a complaint even if the accused is a close family member?
  Yes. The law does not discriminate based on the relationship between the victim and the accused. A crime is a crime, regardless of who commits it.
• What if the person only threatened to share my pictures but hasn’t done it yet?
  The act of threatening to circulate private images itself constitutes criminal intimidation under Section 342 of the BNS, and it is a punishable offense. You can file a complaint based on the threat alone.
• Will my name and identity be kept confidential?
  The law has provisions to protect the identity of victims in cases involving sexual offenses and privacy violations. You can request the police and the court to ensure your name is not disclosed in proceedings.

What evidence is required?

To build a strong case, the following types of evidence are crucial:

• Screenshots of the messages, chats, or social media posts where the threats were made or private content was shared.
• The actual private photographs or videos that are the subject of the violation.
• Call recordings or any other audio/video evidence of the accused admitting to the act or making threats.
• Details of the accused, such as their phone number, email address, and links to their social media profiles.
• Statements from any witnesses who may have knowledge of the incident.

How long will the investigation take?

The duration of a police investigation can vary significantly. It depends on factors like the complexity of the case, the amount of digital evidence to be analyzed, and the cooperation received from intermediaries like social media companies. While the new Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, aims to expedite the criminal justice process, a typical cybercrime investigation can take anywhere from a few months to over a year to complete before the case proceeds to trial.

Advocate Sudhir Rao, Supreme Court of India