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

Mr. Rohan Sharma, a resident of the city of Aravalli, found himself in a perplexing situation. On the morning of July 15th, he received a call from a Ms. Priya Verma, who angrily accused him of calling her father the previous day and subjecting him to verbal abuse. Rohan, certain he had made no such call, suspected it was a fraudulent scheme and promptly blocked her number. Shortly after, she sent a message via a popular messaging app, which he also blocked.

The matter escalated that evening when a Mr. Sameer Gupta called Rohan, repeating the same allegations with a threatening tone and demanding he admit his supposed wrongdoing. To substantiate his claim, Sameer sent Rohan a screenshot of a call log that appeared to show a call from Rohan’s number to Priya’s father. Rohan contested this, stating that a mere screenshot was not definitive proof. Despite a lengthy and tense conversation, Sameer failed to provide any further evidence and continued with his threats.

Later, Rohan learned through a mutual acquaintance, Mr. Karan Joshi, that Priya and Sameer were not complete strangers. They had also contacted Karan and sent him the same call log image as “proof.” The screenshot indicated the alleged call took place on July 14th around 5:40 PM. However, Rohan immediately checked his official call usage records from his service provider, “SkyTel,” which confirmed that he had made only one call that entire day, and it was well after 8:00 PM. This discrepancy made Rohan believe that his phone number had been “spoofed” or the call log image was a sophisticated forgery.

Advice in such cases

• Stay Calm and Do Not Engage: Do not get into heated arguments or make any admissions. Politely deny the allegation and end the conversation. Continuous engagement can escalate the situation.
• Preserve All Evidence: Save all communications from the accusers. This includes screenshots of their calls, text messages, WhatsApp chats, and the images they send you. Note down the dates and times of all interactions.
• Gather Your Own Evidence: The most crucial piece of evidence is your official Call Detail Record (CDR) from your mobile service provider. This is an official document that cannot be easily tampered with and will serve as your primary proof.
• 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.
• Do Not Make Public Statements: Avoid discussing the matter on social media or with mutual acquaintances, as this can be misconstrued and used against you.

Applicable Sections of Law

In such scenarios, several provisions of Indian law can be relevant, particularly under the new criminal codes:

• Bharatiya Nyaya Sanhita, 2023 (BNS):
  • Section 351 (Criminal Intimidation): If the accusers are threatening you with injury to your person, reputation, or property, it constitutes a criminal offense.
  • Section 352 (Defamation): Spreading false information that harms your reputation is punishable under this section.
  • Section 470 (Forgery for purpose of cheating): If it is proven that the call log screenshot was digitally altered to frame you, the creators can be prosecuted for forgery.
• Information Technology Act, 2000:
  • Section 66C (Identity Theft): If your phone number was used without your permission (spoofed) to make the call, it falls under identity theft.
  • Section 66D (Cheating by personation using computer resource): This section applies when someone fraudulently uses a unique identification feature of another person, such as a phone number.
• Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This code outlines the procedure for filing complaints and the subsequent police investigation.

If you are the complainant

If you are the one being falsely accused and harassed, you are the complainant in the eyes of the law regarding the threats and defamation against you.

• Document Everything: Maintain a detailed log of all harassing calls and messages, including dates, times, and the content of the conversations.
• File a Police Complaint: You have the right to file a complaint with the police against the individuals harassing and threatening you. Your complaint should detail the false accusations, the threats you have received, and your suspicion of number spoofing or forgery. Provide the evidence you have collected.
• 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.
• Prepare for a Counter-Complaint: Be aware that the other party might have already filed or may file a complaint against you. Your proactive complaint, supported by your CDR, will be your best defense.

If you are the victim

If you are the one who genuinely received a harassing call, here are the steps to take:

• Preserve Evidence: Do not delete the call from your call log. If possible and legal in your jurisdiction, record any future calls. Take screenshots of the call details.
• File an FIR: Report the incident to the nearest police station and file a First Information Report (FIR). Provide the police with the harasser’s phone number and the details of the incident.
• 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 Investigation: The police will investigate by obtaining the CDRs for both numbers to verify the claim. Your cooperation is essential for the process.

How the police behave in such cases

Police response can vary. Initially, they might treat it as a minor dispute and suggest a compromise. However, if your complaint includes allegations of criminal intimidation, threats, or potential cybercrime like identity theft, they are obligated to take it more seriously. The most critical step in their investigation will be to formally request the Call Detail Records (CDRs) from the telecom service providers for both phone numbers involved. The CDRs are considered conclusive evidence and will clearly show whether a call was actually made between the two numbers at the specified time.

FAQs people normally have

What evidence is required?

The primary evidence in such cases is electronic. For the person being falsely accused, the most vital piece of evidence is their own official Call Detail Record (CDR) from their service provider, which proves no call was made. Other helpful evidence includes recordings of the threatening calls received, screenshots of messages, and the contact details of the accusers. For the accuser, their CDR showing an incoming call would be their primary evidence.

How long will the investigation take?

The duration of an investigation can vary significantly. Obtaining official CDRs from telecom companies through the proper channels can take a few weeks. The complete investigation, including questioning the parties involved and analyzing the evidence, may take anywhere from a few weeks to several months, depending on the complexity of the case and the workload of the investigating police station.

Advocate Sudhir Rao, Supreme Court of India