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

A resident of Ratanpur, Bihar, recently shared a distressing situation. Several years ago, his brother, Rohan, gave the login details of his online gaming account to an acquaintance, Mr. Verma. Unfortunately, this gaming account was linked to their mother’s, Mrs. Priya Sharma’s, social media profile. Mr. Verma allegedly used this access to take control of Mrs. Sharma’s social media account, changing the password and locking the family out.

Recently, Mrs. Sharma was shocked to see the old account appear in her friend suggestions. While the profile name had been changed, the profile picture was still an old photograph of her. Further investigation revealed that in the platform’s messaging application, the account name still appeared as “Priya Sharma.” When the family contacted Mr. Verma and requested him to remove the photograph, he refused, claiming the photo was his own. He remained uncooperative even after they provided the original photo with timestamps as proof of ownership.

Advice in such cases

Navigating such a situation requires a calm and systematic approach. Here are the immediate steps you should consider:

• Document Everything: Take clear screenshots of the profile, the profile picture, the name displayed in the messenger, and any conversations you have had with the person controlling the account. Ensure the profile URL is visible in the screenshots.
• Report to the Platform: All major social media platforms have a mechanism to report impersonation or unauthorized use of photos. Use their reporting tools to file a complaint directly. Provide them with the evidence you have collected.
• Preserve Original Evidence: Keep the original photograph and its digital file safe. The metadata (information about when and where the photo was taken) can be crucial evidence.
• File a Cyber Crime Complaint: You can file a formal complaint online through the National Cyber Crime Reporting Portal (www.cybercrime.gov.in) or by visiting your nearest Cyber Crime 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

Several provisions under Indian law can be invoked in such cases. With the recent implementation of new criminal laws, the relevant sections are:

• The Information Technology Act, 2000: Section 66C deals with identity theft. Using someone’s photograph or other personal identifying information without their consent constitutes an offence under this section. The punishment can be imprisonment for up to three years and a fine.
• Bharatiya Nyaya Sanhita, 2023 (BNS): This new code replaces the Indian Penal Code. Section 318 of the BNS deals with “cheating by personation.” If the person is using your mother’s identity (photo and name) to deceive others, this section is applicable. It carries a punishment of imprisonment for up to three years, or a fine, or both.

If you are the complainant

As the person initiating the legal process, you must be meticulous and proactive.

• Organize Evidence: Arrange all your evidence chronologically. This includes screenshots, the original photo, and any communication records.
• File a Detailed Complaint: When filing a complaint on the cybercrime portal or with the police, provide a clear and concise timeline of events. Mention how the account was lost, who you suspect, the evidence you have, and the refusal of the other party to cooperate.
• Follow Up: After filing the complaint, you will receive an acknowledgement number. Use this to follow up on the status of your case with the concerned police officials.
• 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

If your identity is being misused, your cooperation is key to the investigation.

• Cease Direct Contact: Once you have made a formal complaint, avoid further communication with the accused. Let the police handle the interaction. Any further engagement could be used against you or might escalate the situation.
• Provide a Statement: You will be required to give a formal statement to the police. Be truthful and provide all the facts as you remember them.
• Cooperate with Investigation: The police may require further information or clarification. Be available and cooperative to help them build a strong case.
• 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, the Cyber Crime police typically follow a standard procedure. They will first register a preliminary inquiry or a First Information Report (FIR). They will then issue a notice under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) to the social media company, asking them to preserve the data associated with the imposter’s account and provide details like IP addresses, login history, and registered mobile number. Using this technical information, they will trace the location and identity of the accused and take further legal action, which may include summoning them for questioning or arresting them if necessary.

FAQs people normally have

What evidence is required?

The value of your case depends heavily on the quality of evidence. The most crucial pieces of evidence include:

• The URL of the imposter’s social media profile.
• Screenshots of the profile clearly showing the misused photograph and name.
• Screenshots of any conversations with the accused where they refuse to remove the photo.
• The original, high-resolution photograph to prove your ownership. Digital metadata associated with the original photo is very strong evidence.
• Any information you have about how the account was initially compromised.

How long will the investigation take?

The duration of a cybercrime investigation can vary significantly. It depends on several factors, including the responsiveness of the social media company in providing data, the complexity involved in tracing the digital footprint of the accused, and the workload of the investigating agency. While some cases are resolved in a few weeks, others might take several months. Patience and regular follow-ups are essential.

Advocate Sudhir Rao, Supreme Court of India