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

Ms. Aisha, a young professional from the city of Chandrapur, found herself in a deeply distressing situation. An unknown individual had somehow obtained private photographs of her and her former partner, Mr. Vikram, taken during their relationship. These photos, which depicted personal moments like hugging and walking together, were being circulated on various social media platforms. To make matters worse, the perpetrator was using an anonymous WhatsApp number to send her threats, stating they would share these images with her parents if she did not comply with their demands. The number would be switched off for calls, making it impossible to contact them directly, but the WhatsApp account remained active, amplifying Aisha’s fear and anxiety.

Advice in such cases

Facing such a violation of privacy and blackmail can be terrifying. It is crucial to act calmly and strategically to regain control of the situation.

• Stay Calm and Do Not Panic: The perpetrator’s goal is to intimidate you. Panicking can lead to rash decisions. Take a deep breath and remember that you have legal remedies available.
• Do Not Engage with the Perpetrator: Avoid replying to their messages, threats, or demands. Any engagement can encourage them. Do not delete any messages or call logs from them.
• Preserve All Evidence: This is the most critical step. Take screenshots of everything – the social media posts, the profiles sharing the images, the WhatsApp chats, the threats, and the phone number used. Save them securely.
• Report on Social Media: Use the reporting features on platforms like Instagram, Facebook, and WhatsApp to report the profiles and content for harassment, nudity, or privacy violation. This can help get the content taken down quickly.
• 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 deal with such crimes, especially under the new Bharatiya Nyaya Sanhita (BNS) and the Information Technology Act.

• Section 84 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with sexual harassment. Circulating private or sexually explicit images without consent falls squarely under this provision.
• Section 70 of the BNS, 2023 (Voyeurism): If the pictures were taken in a private setting where you had an expectation of privacy, the act of capturing them without your consent is a crime under this section.
• Section 324 of the BNS, 2023 (Extortion): The act of threatening to share the photos with your parents to put you in fear and compel you to do something (or not do something) amounts to criminal extortion.
• Section 341 of the BNS, 2023 (Criminal Intimidation): Threatening to harm your reputation by publishing private images is a form of criminal intimidation.
• Sections 66E, 67, and 67A of the Information Technology Act, 2000: These sections specifically address violations of privacy, and the publication of obscene or sexually explicit material in electronic form. These laws can be applied alongside the BNS.

If you are the complainant

Taking legal action is your right and the most effective way to stop the harassment and bring the culprit to justice.

• 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.
• File a Complaint: Go to your nearest police station or, preferably, the Cyber Crime Cell in your city to file a First Information Report (FIR). You can also file a complaint online through the National Cyber Crime Reporting Portal (cybercrime.gov.in).
• Provide Detailed Information: Give the police all the evidence you have collected – screenshots, the phone number, links to social media profiles, and a clear written account of the events.
• Request Confidentiality: You can request the police to keep your identity confidential, and the law has provisions to protect the identity of victims in such cases.

If you are the victim

Your immediate safety and well-being are paramount. Here are steps focused on you.

• 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.
• Secure Your Accounts: Change the passwords for all your social media and email accounts. Enable two-factor authentication for an extra layer of security.
• Document Everything: Keep a log of every instance of harassment. Note the date, time, platform, and the nature of the threat or post. This creates a timeline of evidence.
• Seek Support: Confide in a trusted friend, family member, or a mental health professional. Dealing with such a situation is emotionally draining, and having a support system is vital. You are the victim, and there is no shame in what has happened.

How the police behave in such cases

The police are obligated to register an FIR when a cognizable offence is reported. In cases like this, the Cyber Crime Cell is specially equipped to investigate.

• Registration of FIR: The police will register an FIR under the relevant sections of the BNS and IT Act. You have the right to receive a copy of the FIR for free. If a local police station is hesitant, you can approach a senior officer or file the complaint with the Cyber Crime Cell directly.
• Investigation: The investigation will involve tracing the digital footprint of the perpetrator. The police will work with telecom companies and social media platforms to identify the person behind the anonymous number and fake profiles by tracing the IP address and device information.
• Action: Once the accused is identified, the police will take steps to arrest them and seize the devices used to commit the crime.

FAQs people normally have

It’s natural to have many questions during such a stressful time.

• Will my name and details be made public?
  No. The law provides for the protection of the identity of victims of sexual offences. You can request the police and the court to ensure your name is not disclosed during the proceedings.
• Can the police really trace someone from a WhatsApp number that is always switched off?
  Yes. Even if the SIM card is off for calls, using it for WhatsApp on a device connected to the internet leaves a digital trail. The police can obtain IP logs from WhatsApp and trace the location and device from which it was being used.
• What if the person is my ex-partner? Will that complicate the case?
  No. The law applies to everyone, regardless of their relationship with the victim. In fact, if an ex-partner is misusing intimate images, it can be considered a breach of trust, which can be an aggravating factor.

What evidence is required?

Strong evidence is key to a successful prosecution. You should collect and provide:

• Screenshots of the threatening messages from WhatsApp or any other platform.
• The phone number of the accused.
• URLs (web links) of the social media profiles or posts where your pictures have been shared.
• The original photographs, if you have them, to prove they are yours.
• Any other relevant digital or physical evidence of communication or threats.

How long will the investigation take?

The duration of a cybercrime investigation can vary. Tracing a digital identity can sometimes be done within a few days or weeks. However, if the perpetrator has used complex methods to hide their identity (like using VPNs or foreign numbers), it might take longer. Once the police file a chargesheet, the court trial begins, and its duration depends on the complexities of the case and the court’s schedule. A good lawyer can help expedite the process by following up diligently with the authorities.

Advocate Sudhir Rao, Supreme Court of India