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

A young woman named Aisha, living in the city of Alipur, found herself in a distressing situation. An unknown individual, who identified himself as Rohan, somehow obtained her mobile number. He began by calling her and inappropriately insisting they meet, despite being a complete stranger. When Aisha refused and blocked his number, he started sending her messages on WhatsApp from various other numbers. This persistent and unwanted contact left her feeling scared and harassed, unsure of what legal steps she could take to make it stop.

Advice in such cases

Facing such harassment can be intimidating, but there are clear steps you can take to protect yourself and seek legal recourse.

• Do Not Engage: The first rule is to not reply to the messages or answer the calls. Any engagement, even a negative one, can encourage the harasser.
• Preserve Evidence: Take screenshots of all messages, including the phone numbers they came from. Keep a log of the dates and times of calls. This documentation is crucial evidence.
• Block the Numbers: As soon as you receive a message or call, block the number. While they may use new numbers, it creates a barrier and demonstrates your lack of consent to the contact.
• Inform a Trusted Person: Confide in a family member or a close friend. Having someone who knows about the situation can provide emotional support and act as a witness if needed.
• 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

The actions described constitute criminal offenses under Indian law. The primary laws applicable are within the Bharatiya Nyaya Sanhita, 2023 (BNS).

• Section 77 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with Stalking. If a man repeatedly follows a woman or contacts, or attempts to contact her to foster personal interaction despite a clear indication of disinterest, it is considered stalking. Using electronic communication like texts and WhatsApp messages to do so is explicitly covered.
• Section 73 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section covers Sexual Harassment. Unwelcome and explicit sexual overtures, demanding or requesting sexual favours, or making sexually coloured remarks can fall under this section. The insistence on meeting could be interpreted as part of such harassment.

If you are the complainant

If you find yourself wrongly accused in such a matter, it is vital to act strategically to protect your rights.

• Gather Your Evidence: Compile any communication records from your side that can prove your innocence or provide context to the allegations. This could include call logs or message histories that show a different narrative.
• Do Not Contact the Victim: Avoid any attempt to contact the person who has filed the complaint against you, as this can be seen as intimidation or an admission of guilt.
• 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.
• Cooperate with the Police: If contacted by the police, cooperate with their investigation but only after consulting with your lawyer. Your lawyer will guide you on how to present your case effectively.

If you are the victim

As the person being harassed, you are the victim, and the law is on your side. Here’s how to proceed.

• File a Police Complaint: Go to the nearest police station and file a complaint. You can also file a complaint online through the National Cyber Crime Reporting Portal. Provide them with all the evidence you have collected.
• Give a Clear Statement: When giving your statement to the police, be clear and detailed. Mention the sequence of events, the nature of the messages, the numbers used, and the fear and distress it has caused you.
• Follow Up: Stay in touch with the investigating officer to follow up on the progress of your complaint. Your persistence ensures the case is taken seriously.
• 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

Upon receiving a complaint of stalking or online harassment, the police are mandated to take it seriously. They will typically register a First Information Report (FIR) under the relevant sections of the BNS. The Cyber Cell of the police is equipped to handle such cases. They will initiate a technical investigation to trace the ownership and location of the phone numbers used for the harassment, even if they are from different SIM cards. Once the accused is identified, the police will summon them for questioning and proceed with the investigation as per the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

FAQs people normally have

Can the police trace WhatsApp messages from different numbers?

Yes, the police have cyber investigation units that can trace the source of WhatsApp messages. They can work with telecom service providers to identify the person to whom the SIM card is registered and track the device’s location (IMEI number) from which the messages were sent.

What if the harasser is using fake or stolen SIM cards?

While it makes the investigation more complex, it is not impossible. Police can still track the IMEI number of the mobile device being used, which is unique to every phone. They can also use cell tower data to triangulate the general location from where the calls or messages are being made, which can lead to identifying the perpetrator.

What evidence is required?

To build a strong case, you will need to provide the following evidence:

• Screenshots of all harassing text messages, WhatsApp chats, and any other online communication. Ensure the sender’s number is visible.
• Call logs showing the incoming calls from the harasser’s numbers, including dates and times.
• The mobile numbers used by the harasser.
• If possible, any information that might help identify the person, even if it’s just a name they used.
• A detailed written account of the harassment, explaining how it started and the distress it has caused.

How long will the investigation take?

The duration of the investigation can vary. In straightforward cases where the accused is easily identifiable, it can move quickly, sometimes within a few weeks. However, if the harasser has used measures to hide their identity, such as using fake profiles or multiple SIM cards, the technical investigation may take longer. It depends on the workload of the cyber cell and the complexity of tracing the digital footprint of the accused.

Advocate Sudhir Rao, Supreme Court of India