What to Do When Police Don’t Act on a Cybercrime Complaint About Obscene Material?

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by

Advocate Rohit
in
What to Do When Police Don't Act on a Cybercrime Complaint About Obscene Material?

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

A concerned citizen, Mr. Ajay Sharma, became aware of an individual, Mr. Rohan Kumar, who was uploading extremely offensive and illegal content, specifically Child Sexual Abuse Material (CSAM), on popular social media platforms like ‘ConnectSphere’ and ‘PhotoVerse’. Although both platforms promptly banned Mr. Kumar’s accounts after the content was flagged, the situation took a frustrating turn. Mr. Sharma diligently reported the matter multiple times through the national cybercrime reporting portal, providing all necessary details. However, several years have passed, and he has not received any communication from the police, nor has any apparent action been taken against the perpetrator. Mr. Sharma is now seeking clarity on the legal recourse available to him to ensure the law takes its course.

Advice in such cases

When you find that your complaint, especially one concerning a serious offence, has not been acted upon, it can be disheartening. However, there are structured steps you can take to escalate the matter.

  • Preserve all evidence meticulously. This includes screenshots, URLs, and any reference numbers from your online complaints.
  • File a formal written complaint (First Information Report – FIR) at the local police station that has jurisdiction. An online complaint is a good first step, but a physical complaint often receives more immediate attention.
  • If the police at the station are unresponsive, you can escalate the matter by writing to senior police officials, such as the Superintendent of Police (SP) or the Commissioner of Police.
  • 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.
  • As a final resort, a complaint can be filed before the Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), who can direct the police to register an FIR and investigate the matter.

Applicable Sections of Law

The actions described constitute serious offences under Indian law, primarily governed by the Information Technology Act, 2000, and the Bharatiya Nyaya Sanhita (BNS), 2023.

  • Section 67B of the Information Technology Act, 2000: This section specifically criminalizes publishing or transmitting material depicting children in sexually explicit acts in electronic form. A first-time conviction can lead to imprisonment for up to five years and a fine of up to ten lakh rupees. A subsequent conviction can result in imprisonment for up to seven years and a fine of up to ten lakh rupees.
  • Section 71 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section deals with the sexual assault of children and works in conjunction with specialized laws like the POCSO Act. It prescribes stringent punishments for such heinous crimes.
  • The Protection of Children from Sexual Offences (POCSO) Act, 2012: This is a special act designed to protect children from sexual abuse and exploitation. Possessing and distributing CSAM is a grave offence under this Act, with severe penalties.

If you are the complainant

As the person who initiated the complaint, your role is crucial in ensuring the case moves forward.

  • Keep a detailed record of every action you take, including dates of filing complaints, names of officers you speak with, and copies of all correspondence.
  • Follow up with the police authorities in a systematic and persistent manner. A polite but firm approach is often effective.
  • 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 be discouraged by initial inaction. The legal system has multiple tiers of oversight, and escalating the issue is your right.
What to Do When Police Don't Act on a Cybercrime Complaint About Obscene Material?

If you are the victim

In this context, while you are the complainant, you are also a victim of the system’s apathy and inaction, which can be emotionally and mentally taxing.

  • Prioritize your mental well-being. Dealing with such serious content and subsequent administrative hurdles can be stressful.
  • Document the procedural lapses and the lack of response. This documentation is vital if you decide to approach a higher authority or the court.
  • 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.
  • Remember that by pursuing the case, you are not only seeking justice for the specific incident but also helping to make the digital space safer for everyone.

How the police behave in such cases

The response from police can vary widely. While many cybercrime units are proactive, some face challenges that can lead to delays or inaction. This can be due to a high volume of cases, a lack of specialized technical training, or procedural inertia. Sometimes, online complaints may not be integrated seamlessly with the local police station’s workflow. Filing a physical complaint and engaging a lawyer often helps in getting the police machinery to act with the required urgency, as it demonstrates the seriousness of the complainant and provides a formal trackable record for accountability.

FAQs people normally have

Here are some common questions that arise in such situations.

What to Do When Police Don't Act on a Cybercrime Complaint About Obscene Material?

What evidence is required?

To build a strong case, you need to provide as much digital evidence as possible.

  • Screenshots or screen recordings of the illegal content and the social media profile of the accused.
  • The specific URLs of the profiles and posts.
  • Copies of the reports you made to the social media platforms.
  • The acknowledgement or reference number you received from the cybercrime portal.
  • Any other communication that can link the accused to the crime.

How long will the investigation take?

The duration of a cybercrime investigation is not fixed. It depends on several factors, including the complexity of the case, the amount of digital evidence to be analyzed, the cooperation received from social media intermediaries (which are often based overseas), and the workload of the investigating agency. However, if an FIR is registered, the police are mandated by the BNSS to complete the investigation in a time-bound manner. Legal intervention can significantly help in expediting this process.

Advocate Sudhir Rao, Supreme Court of India

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