Ms. Anjali, a marketing executive residing in the city of Aryavart, recently began receiving unsolicited messages on her phone from an unknown number. Thinking it was a wrong number, she chose to ignore them. However, the sender, who identified himself as Mr. Verma, grew persistent. When Anjali continued to ignore his advances, the messages quickly escalated to become abusive, vulgar, and threatening. Deeply disturbed and fearing for her safety, Anjali confided in her friend, Rohan, and shared the screenshots of the entire conversation. They are now seeking to understand the appropriate legal actions they can take to stop the harassment and hold Mr. Verma accountable.

Advice in such cases

• Do not engage or reply to the harasser. Any response, even a negative one, can encourage them.
• Preserve all evidence meticulously. Take clear screenshots of all messages, ensuring the sender’s number, date, and time are visible. Do not delete the chat.
• After documenting the evidence, block the number to prevent further contact.
• Report the incident. You can file a complaint online through the National Cyber Crime Reporting Portal or visit your nearest police station.
• 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

Under the new Indian legal framework, several provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS) can be invoked in such cases:

• Section 79 of the BNS (Word, gesture or act intended to insult the modesty of a woman): If the messages are sexually colored, lewd, or intended to insult a woman’s modesty, this section is applicable.
• Section 85 of the BNS (Stalking): If the person repeatedly tries to contact you through any means of electronic communication despite a clear indication of disinterest, it amounts to stalking.
• Section 351 of the BNS (Criminal Intimidation): If the messages contain threats to cause harm to your person, reputation, or property, this section can be applied.

If you are the complainant

If you are helping a friend or family member who is a victim of such harassment, your role is crucial.

• Provide emotional support and reassure the victim that it is not their fault.
• Assist them in organizing and preserving all the digital evidence, such as screenshots and call logs.
• Help them navigate the process of filing a complaint, whether it is online or at a police station. You can accompany them to provide support.
• 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

• Your safety and mental well-being are the top priority. Do not hesitate to seek help.
• You have the right to file a complaint. This can be done online at www.cybercrime.gov.in, which is often a more convenient first step.
• Alternatively, you can approach the Cyber Crime Cell or the local police station to file a First Information Report (FIR) under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
• You can request the police to keep your identity confidential during the investigation to protect your 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.

How the police behave in such cases

Upon receiving a complaint disclosing a cognizable offense, the police are duty-bound to register an FIR. In cases of cyber harassment, they will typically transfer the case to the Cyber Cell, which has the technical expertise to handle such matters. The investigation involves tracing the IP address, mobile number, and the device used to send the messages. While some officers might initially be dismissive, it is important to be persistent and provide clear evidence. A lawyer’s intervention can often ensure the police take the matter seriously and act promptly.

FAQs people normally have

What evidence is required?

Digital evidence is paramount. The most crucial pieces of evidence are:

• Clear, unedited screenshots of the abusive chats. Ensure the sender’s contact number or profile name is visible in the screenshots.
• The date and time stamps of the messages are essential.
• If there were any voice calls, the call log records can also serve as evidence.

How long will the investigation take?

The duration of a cybercrime investigation can vary significantly. It depends on factors like the complexity of tracing the accused, the cooperation received from telecom service providers and social media platforms, and the workload of the investigating agency. It can range from a few weeks to several months. Regular follow-ups with the police, often through a lawyer, can help expedite the process.

Advocate Sudhir Rao, Supreme Court of India