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

My client’s cousin, let’s call her Priya, is currently in a state of shock after a deeply disturbing experience during what she believed was a legitimate job interview. She found an attractive job opening for a Personal Assistant role with a company named “Global Apex Ventures” on a popular professional networking platform. After expressing her interest, the HR representative, a Mr. Verma, swiftly arranged a video interview with the supposed CEO, Mr. Khanna, that very evening.

Mr. Khanna presented himself as the head of a company with operations in the UK and Nepal, mentioning ambitious plans to establish a new office in Jaipur. He discussed the role and, oddly, placed a strong emphasis on what made Priya uncomfortable. The offered salary was an exorbitant 70,000 GBP per annum, which immediately seemed suspicious. The next day, Mr. Verma contacted Priya for a second interview round, stating her profile was on hold because she appeared “sensitive.”

In the second video call, Mr. Khanna revealed that his business also dealt with clients in the adult content industry. He then asked Priya to switch to a different messaging app for a video call to “test her comfort level.” During this call, he shared his screen and displayed pornographic videos, demanding she comment on what aspects clients might find appealing. Terrified and caught off guard, Priya mumbled some responses out of fear. He further suggested that she might need to wear revealing attire, like deep-neck tops, for future client interactions and proposed she do so for their next call.

After this ordeal, Priya immediately confided in her cousin. Recognizing the massive red flags, they blocked Mr. Khanna and Mr. Verma on all platforms and reported their profiles. They discovered that the company profile was likely fake and the contact numbers were traced to Nepal. Their primary concern now is the possibility that the video call was recorded and the potential for this recording to be misused or leaked online.

Advice in such cases

When faced with such a horrifying situation, it is crucial to act swiftly and strategically. The primary goals are to ensure your safety, preserve evidence, and initiate legal action. Do not engage further with the perpetrators. Your well-being is the top priority.

Applicable Sections of Law

The acts described constitute serious criminal offenses under Indian law. The new Bharatiya Nyaya Sanhita, 2023 (BNS) provides a robust framework to address such crimes. Key applicable sections include:

• Section 69 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with sexual harassment, which includes making sexually colored remarks and showing pornography to a woman against her will. The perpetrator’s actions fall squarely under this provision.
• Section 72 of the BNS, 2023: This section pertains to voyeurism. The fear that the interaction was recorded without consent makes this section highly relevant, as it criminalizes the act of capturing images or videos of a person in a private act.
• Section 84 of the BNS, 2023: This addresses the publication or transmission of obscene material in electronic form. If the perpetrator shares the explicit content he showed, he can be prosecuted under this section.
• Section 85 of the BNS, 2023: This is a more stringent provision dealing with the transmission of material containing sexually explicit acts. Showing the pornographic videos is a direct violation.
• Cheating and Impersonation: Creating a fake company profile and job offer to lure the victim also constitutes offenses like cheating by impersonation under the BNS.

If you are the complainant

If you find yourself in a position where you need to file a complaint, it is essential to be prepared. Your case will be built on the foundation of the information and evidence you provide. Ensure your account is accurate and truthful, as false allegations carry severe legal repercussions. Cooperate fully with the investigating authorities and provide them with all necessary details to help them build a strong case against the accused.

If you are the victim

If you are the victim of such a crime, here are the steps you must take to seek justice and protect yourself:

• File an Immediate Complaint: Do not delay. You can file a complaint online through the National Cyber Crime Reporting Portal (www.cybercrime.gov.in) or by visiting your nearest police station to file an FIR (First Information Report).
• Preserve All Evidence: Before blocking the perpetrators, take screenshots of their profiles, the job posting, all chat conversations, and any contact information (phone numbers, email IDs). This digital trail is critical evidence.
• Provide a Detailed Statement: Write down a clear, chronological account of the entire incident, from the initial contact to the harassing video call. Be as specific as possible.
• 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 resolve in 7-10 days.

How the police behave in such cases

Upon receiving your complaint, the police are mandated to register an FIR under the relevant sections of the BNS. Given the nature of the crime, the case will likely be transferred to the Cyber Crime Cell, which has specialized expertise in handling digital offenses. The police will initiate an investigation to trace the digital footprint of the accused, including IP addresses and phone numbers. However, when perpetrators are operating from another country, the investigation becomes complex. It requires formal channels like Letters Rogatory or Mutual Legal Assistance Treaties (MLAT) to seek cooperation from law enforcement in that country, which can be a time-consuming process.

FAQs people normally have

What evidence is required?

Evidence is the cornerstone of any criminal case. For online harassment, the most crucial evidence is digital. You must collect and submit the following:

• Screenshots of the fake job posting and company profile.
• Complete chat logs from all platforms used for communication.
• The contact numbers, email addresses, and profile URLs of the accused.
• A detailed written complaint outlining the sequence of events.
• Any records of the video calls, if available (e.g., call logs).

How long will the investigation take?

The duration of an investigation can vary significantly. While the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) emphasizes timely completion of investigations, cases with international dimensions, like this one, inherently take longer. The speed of the investigation will depend on factors such as the cooperation received from the foreign country’s law enforcement and the responsiveness of the tech platforms in providing user data. It is important to be patient but also to follow up regularly on the status of your case through your lawyer.

Advocate Sudhir Rao, Supreme Court of India