In the digital age, a single accidental click can lead to immense distress. Recently, a young woman named Priya from the city of Alipur found herself in such a terrifying situation. While using a popular social media app, “ConnectSphere,” she intended to send a private video to a close friend. In a moment of haste, she accidentally posted it to her public story on a secondary account. Although she deleted it within minutes, a few unknown followers had already viewed it.

To her horror, one of the viewers, using the handle “RohanVerma,” sent her a message containing a screenshot of her video, asking if it was her. Panicked, Priya pleaded with him to delete the screenshot and even warned him about filing a cyber complaint. Instead of complying, the individual blocked her, and his profile vanished. Priya was left in a state of extreme fear and anxiety, worried that the video could be misused for blackmail or circulated online, causing irreparable damage to her reputation.

Advice in such cases

If you find yourself in a similar predicament, it is crucial to act swiftly and strategically. Panicking can lead to mistakes, but inaction can worsen the situation.

• Do not engage in any further communication with the perpetrator. Avoid arguments, pleading, or making any threats.
• Preserve all evidence immediately. Take screenshots of the chat, the person’s profile (if possible), the story you posted, and any other relevant interactions.
• Never agree to pay any money or perform any act if the person attempts to blackmail you. Giving in to their demands often leads to more extortion.
• Report the profile and the content to the social media platform’s grievance officer immediately. All platforms have mechanisms to take down such content.
• 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

Indian law has strong provisions to protect individuals in such cases, especially under the new criminal laws and the Information Technology Act.

• Section 72 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section deals with voyeurism. While the initial sharing was accidental, the act of capturing the image/video without consent for potential misuse can fall under this provision.
• Section 79 of the BNS, 2023: This section punishes the publication or transmission of sexually explicit material in electronic form. If the perpetrator shares the video, they can be prosecuted under this section.
• Section 351 of the BNS, 2023: This section addresses criminal intimidation. If the person uses the video to threaten or blackmail you, this section becomes applicable.
• Section 66E of the Information Technology Act, 2000: This section pertains to the violation of privacy by capturing, publishing, or transmitting the image of a private area of any person without their consent.
• Section 67 & 67A of the Information Technology Act, 2000: These sections deal with publishing or transmitting obscene or sexually explicit material in electronic form, carrying stringent punishments.

If you are the complainant

As the person initiating the legal action, you need to be proactive.

• Compile all the evidence you have gathered in a clear and organized manner.
• File an official complaint. You can do this online through the National Cyber Crime Reporting Portal (www.cybercrime.gov.in) or by visiting your nearest cyber police station.
• Provide a detailed written statement explaining the sequence of events without omitting any facts. The more detailed your complaint, the easier it is for the police to investigate.
• 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 well-being is as important as the legal action. Here are steps to protect yourself.

• Do not blame yourself for the accidental post. Focus on the solution, not the mistake.
• Confide in a trusted friend or family member for emotional support. Dealing with such a situation alone can be overwhelming.
• Secure your social media accounts. Review your privacy settings, change your passwords, and enable two-factor authentication.
• 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

Cyber police stations are now equipped to handle such sensitive matters with professionalism. Typically, upon receiving a complaint, the police will register a First Information Report (FIR). The investigation team will then issue a notice to the concerned social media intermediary (like ConnectSphere in Priya’s case) under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, asking them to preserve the data and furnish details of the accused’s account. This includes IP addresses, login details, and registered mobile numbers, which helps in tracing the individual even if they have deleted their profile.

FAQs people normally have

• Can the police trace someone who has blocked me or deleted their account?
  Yes. Social media companies retain user data for a specific period as required by law. The police can legally obtain this data, including IP logs and registration details, to identify and locate the perpetrator.
• What if I don’t know the person’s real identity?
  That is not a barrier to investigation. The cyber police specialize in tracing individuals through their digital footprints. The account details provided by the platform are often sufficient to track them down.
• Will my name and details be made public during the case?
  In cases involving sexual offenses and violation of privacy, the law provides for the protection of the victim’s identity. You can request the police and the court to ensure your name and personal details are kept confidential throughout the proceedings.

What evidence is required?

Strong evidence is the backbone of a successful prosecution. You should provide:

• Screenshots of the private video that was shared.
• Screenshots of the entire conversation with the accused individual.
• The URL or username of the accused’s profile, even if it is now deleted.
• Any other identifying information you may have, such as a phone number or mutual connections.

How long will the investigation take?

The duration of a cybercrime investigation can vary. It depends on factors like the responsiveness of the social media company, the complexity of tracing the digital evidence, and the location of the accused. While simple cases might be resolved in a few weeks, more complex ones could take several months. Regular follow-up with the investigating officer is advisable.

Advocate Sudhir Rao, Supreme Court of India