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

Mr. Alok Kumar, a software developer from Bhopal, was startled one afternoon by a phone call from an unknown number. The person on the other end introduced himself as Inspector Vikram Singh from the Cyber Crime Division. The “Inspector” claimed that a major tech corporation had flagged Mr. Kumar’s internet activity for viewing adult content, and a formal case had been registered against him under the Information Technology Act with the Bhopal Police. He was told he faced immediate arrest and public humiliation unless he settled the matter “discreetly.” Panicked, Mr. Kumar disconnected the call and blocked the number. He was left shaken, wondering if this was a sophisticated scam or if he was genuinely in legal trouble for his past online activities.

Advice in such cases

This is a classic extortion scam, commonly known as “sextortion” or impersonation fraud. The primary goal is to create panic and coerce the victim into paying money. Here is what you should do immediately:

• Stay Calm: Do not panic. These scammers thrive on fear. The entire premise of their claim is usually false.
• Do Not Pay: Never transfer any money or share financial details. Paying them will only mark you as an easy target for future scams.
• Do Not Engage: Do not argue or engage in a prolonged conversation. Disconnect the call immediately.
• Preserve Evidence: Take a screenshot of the phone number. If they contacted you via message, save the messages. This is crucial evidence.
• Block the Number: After preserving the evidence, block the number to prevent further harassment.
• 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 of the scammers fall under several criminal offenses. It’s important to know that in India, watching pornography featuring consenting adults in private is not a crime. The crime is committed by the scammers, not the victim.

• Section 327 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with extortion. The scammers are attempting to put you in fear of injury (legal action, reputational damage) to dishonestly induce you to deliver money.
• Section 208 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This pertains to impersonating a public servant. The caller pretending to be a police officer is a clear violation of this section.
• Section 342 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section covers criminal intimidation. Threatening you with legal action and arrest to cause alarm is a form of criminal intimidation.
• Sections 66C and 66D of the Information Technology Act, 2000: These sections deal with identity theft and cheating by personation using a computer resource or communication device, which is precisely what these scammers are doing.

If you are the complainant

If you have been targeted by such a scam, you are the complainant (the person who reports the crime). Here are the steps you should take:

• Report the Crime: You can file a complaint online at the National Cyber Crime Reporting Portal (cybercrime.gov.in) or by calling the helpline number 1930. You can also visit your nearest police station to file a First Information Report (FIR).
• Provide All Evidence: Submit the scammer’s phone number, any messages received, call recordings (if any), and a detailed account of the incident. The more information you provide, the better.
• Cooperate with the Investigation: The police will investigate the matter. They may require you to provide a formal statement or further information.
• 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

If you have unfortunately fallen for the scam and paid money, you are a victim of fraud. The situation is more serious, but you can still take action.

• Report Immediately: Time is critical. Report the fraudulent transaction to your bank and the National Cyber Crime Reporting Portal (1930) as soon as possible. This can sometimes help in freezing the transaction.
• File a Formal Complaint: File an FIR detailing the entire incident, including the amount paid and the accounts to which the money was transferred.
• Preserve Transaction Details: Keep records of all transaction IDs, bank statements, and any communication with the scammers.
• 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

It is crucial to understand the standard operating procedure of law enforcement, which is very different from what scammers portray. Police in India will never call you to inform you that a case has been filed against you and demand money to “settle” it. If a case is filed, the official procedure involves issuing a formal notice under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which is delivered to your registered address. Any communication is official and documented. Demanding money over the phone is illegal and a clear sign of a scam.

FAQs people normally have

• Is watching porn featuring consenting adults a crime in India? No, consuming such content in private is not illegal. However, creating, distributing, or possessing child pornography is a very serious offense.
• Can the police really file a case based on a report from a tech company? While law enforcement cooperates with tech companies on serious crimes, they would not file a case and then call you for a settlement based on your viewing history. The legal process is much more formal.
• What should I do if the caller has my personal details? Scammers often get personal details from data breaches. Do not be intimidated. It does not make their claims legitimate.
• Will reporting this cause me any trouble? No. You are the victim of an attempted crime. Reporting it helps law enforcement track and apprehend these criminals, protecting others from becoming victims.

What evidence is required?

To build a strong case against the scammers, the following evidence is helpful:

• The phone number(s) used by the scammers.
• Screenshots of the call log and any messages (SMS, WhatsApp, etc.).
• Call recordings, if you were able to record the conversation.
• Bank transaction details, if any payment was made.
• Any other communication or detail you can remember about the incident.

How long will the investigation take?

Cybercrime investigations can be complex as criminals often use fake identities and route communications through multiple servers. The duration can vary from a few weeks to several months, depending on the complexity of the case and the digital trail left by the perpetrators. Your cooperation and the quality of evidence provided can significantly impact the timeline.

Advocate Sudhir Rao, Supreme Court of India