One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
Mr.X, a resident of City A, approached me with a distressing situation. He discovered that Mr.Y had been secretly recording videos and taking photographs of him without his knowledge or consent. These recordings were captured in various private settings including his home, workplace, and even during personal moments. The perpetrator had been sharing these videos and images through social media platforms and messaging groups, causing significant mental distress and reputational damage to Mr.X. The victim had noticed suspicious behavior from Mr.Y for several months but initially dismissed it. However, when friends and colleagues began mentioning seeing inappropriate content featuring Mr.X online, he realized the severity of the privacy violation. This case involved both physical stalking and cyber harassment, making it a complex legal matter requiring immediate intervention.
Advice in Such Cases
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 to 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.
Document everything immediately – take screenshots of shared content, maintain a diary of incidents, and preserve all digital evidence. Never confront the perpetrator directly as this might lead to evidence destruction. Report the matter to both police and cybercrime cell simultaneously since this involves both physical and digital violations. Inform trusted family members and friends about the situation for emotional support and additional witnesses if needed.
Applicable Sections of Law
Under the Bharatiya Nyaya Sanhita (BNS), such cases typically involve Section 77 (voyeurism), Section 78 (stalking), Section 79 (word, gesture or act intended to insult the modesty), and Section 351 (criminal intimidation). Additionally, provisions under the Information Technology Act, 2000, particularly Section 66E (violation of privacy) and Section 67 (publishing obscene material) may apply. The Bharatiya Nagarik Suraksha Sanhita (BNSS) provides the procedural framework for investigation and prosecution. These offenses are cognizable and non-bailable in nature, allowing police to arrest without warrant and making bail difficult to obtain.
If You Are the Complainant
File an FIR immediately at the nearest police station with all available evidence including screenshots, witness statements, and timeline of events. Submit a separate complaint to the cybercrime cell of your state police since digital dissemination is involved. Request police to issue notice under BNSS provisions to stop further sharing of content. Approach the court for injunctive relief to prevent further circulation of your images/videos. Maintain detailed records of all legal proceedings and communications with authorities for future reference.
If You Are the Victim
Secure your digital presence by changing passwords, enabling two-factor authentication, and reviewing privacy settings on all social media accounts. Contact platform administrators of websites/apps where content has been shared to request immediate removal. Seek psychological counseling if experiencing trauma, anxiety, or depression due to the privacy violation. Consider temporary relocation or enhanced security measures if you feel physically threatened. Document any financial losses, medical expenses, or professional setbacks caused by the incident for claiming compensation during legal proceedings.
How the Police Behave in Such Cases
Police generally take these complaints seriously due to the sensitive nature and potential for escalation. They typically register the FIR under multiple sections and coordinate with cybercrime units for technical investigation. Officers usually conduct immediate searches and seizures of electronic devices belonging to the accused. However, some local police stations might initially hesitate due to technical complexities, in which case approaching higher authorities or cybercrime cell directly is advisable.
FAQs People Normally Have
Can I get compensation for mental trauma? Yes, victims can claim compensation through criminal proceedings or separate civil suits for mental agony, defamation, and other damages.
What if the perpetrator deletes evidence before police action? Digital forensics can often recover deleted data, and circumstantial evidence along with witness testimonies can still build a strong case.
How can I ensure content stops circulating online? Legal notices to platforms, court orders, and police action can help, though complete removal from internet may take time and persistent efforts.
Is this offense bailable? Most privacy violation offenses under BNS are non-bailable, making it difficult for accused to get bail easily.
What Evidence Is Required?
Screenshots and recordings of shared content with timestamps and source information are crucial. Digital forensic reports from authorized agencies to establish authenticity and trace origin of content. Witness statements from people who saw or received the unauthorized content. Phone records and internet usage data showing communication patterns. CCTV footage from locations where unauthorized recording might have occurred. Medical reports documenting psychological trauma or stress caused by the incident. Bank statements showing any financial losses due to reputational damage.
How Long Will the Investigation Take?
Digital investigations typically take 3-6 months depending on case complexity and cooperation from technology platforms. Simple cases with clear evidence may conclude within 60-90 days, while complex cases involving multiple accused or extensive digital content may require 6-12 months. Court proceedings usually extend the timeline by additional 1-2 years for final judgment and conviction.
Advocate Sudhir Rao, Supreme Court of India