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

A former intern, Mr. Rohan Verma, who recently concluded his internship at our company, ‘TechPinnacle Corp’ in Pune, has been implicated in a serious cybercrime. We have received distressing information that he was allegedly creating and selling morphed images and manipulated videos of his female colleagues on various online forums. An FIR has been lodged against him under the relevant sections of the law, and he is currently in police custody.

During his time with us, Mr. Verma was known for frequently taking photographs around the office, capturing candid moments of employees. This past behaviour has now become a source of immense anxiety and fear, particularly among our female staff. They are deeply concerned that their images might have been misused in a similar manner. As an organization, we are horrified by this incident and are seeking legal guidance on the actions we can take against this individual to safeguard the dignity and safety of our employees. We also need advice on robust preventive measures to ensure such a grave issue does not recur.

Advice in such cases

• Internal Inquiry: The company should immediately launch a confidential internal investigation to ascertain the scope of the issue within the organization.
• Preserve Evidence: Secure all possible evidence, such as office CCTV footage, records of the intern’s computer usage, and any internal communications.
• Support the Victims: Offer full support to the affected employees, including access to counselling and legal assistance.
• File a Formal Complaint: The organization, as a responsible entity, should file a formal police complaint against the individual.
• Policy Review: Review and strengthen internal policies regarding workplace conduct, use of personal devices for photography, and data privacy.
• 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

• Section 70 of the Bharatiya Nyaya Sanhita, 2023 (BNS): Deals with voyeurism, which includes capturing the image of a woman engaging in a private act without her consent.
• Section 73 of the BNS: Pertains to sexual harassment, which can include making sexually coloured remarks or any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.
• Section 84 of the BNS: Specifically addresses the publication or transmission of material containing sexually explicit acts. Creating and sharing deepfakes or morphed images falls squarely under this.
• Section 356 of the BNS: Pertains to defamation, as morphing images to place individuals in a derogatory context harms their reputation.
• The Information Technology Act, 2000: Sections like 66E (punishment for violation of privacy) and 67, 67A (punishment for publishing or transmitting obscene or sexually explicit material in electronic form) are also applicable.

If you are the complainant

• Lodge an FIR: The company’s authorized representative should file an FIR with the local cybercrime police station, detailing the entire incident.
• Provide All Information: Cooperate fully with the police by providing all relevant information, including the intern’s personal details, employment records, and any evidence gathered internally.
• Internal Disciplinary Action: Even though he is an ex-intern, formally document the incident and blacklist the individual from any future association with the company.
• 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

• File a Separate FIR: Each affected employee has the right to file her own FIR. This strengthens the case against the accused.
• Preserve Personal Evidence: If you find any of your morphed images online, take screenshots and save the URLs immediately. Do not engage with the perpetrator.
• Seek Support: It is crucial to seek emotional and psychological support. Inform trusted colleagues or superiors and consider professional counselling.
• 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 cybercrime cell, are trained to handle such cases with sensitivity. They will register an FIR under the appropriate sections of the BNS and IT Act. The procedure will involve seizing the accused’s electronic devices (laptop, phone, hard drives) for forensic analysis. They will also work to trace the digital trail of the morphed content and issue notices to the online platforms to take down the material and provide user data. The identity of the victims is protected by law.

FAQs people normally have

What evidence is required?

The following types of evidence are crucial for building a strong case:

• Screenshots or downloaded copies of the morphed images/videos.
• URLs of the websites or social media profiles where the content was shared.
• Witness statements from colleagues who saw the intern taking photos.
• Office CCTV footage showing the intern’s activities.
• Digital evidence from the accused’s devices, which will be collected by the police forensics team.
• Any communication (emails, chats) from the accused related to the photographs.

How long will the investigation take?

Cybercrime investigations can be lengthy. The duration depends on several factors, including the complexity of tracing the online distribution channels, the time taken for forensic analysis of electronic devices, and the cooperation received from intermediaries (the websites hosting the content). It can range from a few months for a straightforward case to over a year if the digital trail is complex and spans multiple international platforms.

Advocate Sudhir Rao, Supreme Court of India