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

Mr. Sameer, a resident of Janakpuri, was preparing for competitive government entrance exams. A few days ago, during a period of widespread online discussions regarding exam reforms, he was active in several chat groups on the messaging app “ConnectApp.” In one of these groups, an unknown user shared a digitally altered image of a high-ranking political figure, accompanied by highly derogatory and offensive captions. Mr. Sameer intended to forward this message to a couple of his close friends to show them the nature of the online discourse. However, in a moment of distraction, he accidentally sent the message to a large “Government Job Aspirants Forum” with over 50,000 members.

Within minutes, he received a private message from an individual in the group who claimed to be a government official. The message read, “This account and the content have been reported to the security department. Strict action will be pursued if you are found guilty.” Realizing his grave error, Mr. Sameer immediately deleted the message from the group. The individual then messaged him again, demanding his full name and identification details, insisting that action was imminent and that government agents monitor all such groups. Mr. Sameer, who refused to share his details, is now extremely worried about the potential legal consequences of his mistake.

Advice in such cases

Navigating such a situation requires a calm and strategic approach. The initial reaction is often panic, but taking measured steps is crucial.

• Do not panic. Your intent was not malicious, which is a key factor in such legal matters.
• Preserve all evidence. Take screenshots of the message you forwarded, the threats you received, and the profile of the person threatening you.
• Do not engage further with the individual making threats. Do not provide any personal information. Block them after you have saved all evidence.
• Do not hastily delete your account. This can sometimes be construed as an admission of guilt or an attempt 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

Several provisions of Indian law could be relevant in such a scenario, primarily under the Bharatiya Nyaya Sanhita (BNS) and the Information Technology Act, 2000.

• Section 356 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with defamation. Publishing or forwarding content that harms a person’s reputation can fall under this, but it requires the element of malicious intent.
• Section 197 of the BNS: This section addresses statements that create or promote enmity, hatred, or ill-will between different groups. If the content was divisive, this section could be invoked.
• Section 351 of the BNS: This pertains to criminal intimidation. The person threatening Mr. Sameer could be liable under this section for threatening him with legal injury.
• Sections 67 and 67A of the Information Technology Act, 2000: These sections deal with the publication and transmission of obscene or sexually explicit material in electronic form. While the described content seems more defamatory than obscene, these sections are often cited in cases involving offensive online content.

If you are the complainant

If you find yourself in Mr. Sameer’s position (the one who accidentally forwarded the message and is now being threatened), you are the complainant in the matter of criminal intimidation.

• Immediately gather and secure all digital evidence, including screenshots with timestamps.
• File a formal complaint with your local Cyber Crime Police Station or register it on the National Cyber Crime Reporting Portal (www.cybercrime.gov.in).
• Your complaint should focus on the threats and intimidation you are facing from the other individual.
• Clearly state the sequence of events, emphasizing the accidental nature of your action and your immediate corrective measure of deleting the post.
• 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 are the person who has been defamed by the original post (the subject of the offensive image), you are the primary victim of the offense.

• You have the right to file a First Information Report (FIR) with the police against both the original creator of the content and those who disseminated it.
• The police can investigate the matter under sections related to defamation, public mischief, and relevant provisions of the IT Act.
• You can also file a civil lawsuit for defamation, seeking monetary damages for the harm caused to your reputation.
• 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 Cyber Crime Cell, will first register a complaint. They will analyze the evidence provided. A key aspect of their investigation will be to determine the *mens rea* (guilty mind or criminal intent). In cases of accidental forwarding, especially where the message was quickly deleted, the police are likely to focus their resources on identifying the original creator of the offensive content. While an inquiry may be initiated against the forwarder, the lack of intent is a strong defense. The person making threats may also be investigated for criminal intimidation if a complaint is filed against them.

FAQs people normally have

• Will I be arrested for accidentally forwarding an offensive message?
  Arrest is highly unlikely for an accidental forward, especially if you can demonstrate a lack of malicious intent and took immediate corrective action. However, the police have the authority to initiate an inquiry to ascertain the facts.
• Can the police trace a user on a secure messaging app like ConnectApp?
  While apps with end-to-end encryption pose challenges, it is not impossible for law enforcement. They can seek information from the company, and metadata can sometimes provide crucial leads to identify a user.
• What is the best course of action against the person threatening me?
  The best action is to file a police complaint against them for criminal intimidation under Section 351 of the BNS. Provide all the screenshots of their threats. Do not engage with them directly.

What evidence is required?

Digital evidence is paramount. You must preserve:

• Screenshots of the original offensive message.
• Screenshots of the chat showing you forwarded it to the group, including the group’s name and member count.
• Screenshots showing that you deleted the message (if the app indicates this).
• Screenshots of the private messages containing threats, including the sender’s profile name and any other visible details.
• Any available timestamps for all these actions.

How long will the investigation take?

Cybercrime investigations can be lengthy. The duration depends on factors like the responsiveness of the messaging platform, the technical complexity of tracing the original source and the person making threats, and the caseload of the investigating agency. It can range from a few months to over a year.

Advocate Sudhir Rao, Supreme Court of India