One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr. X and Ms. Y were colleagues at XYZ Pvt Ltd in City A. After dating for several months, their relationship ended acrimoniously through WhatsApp messages. During the heated exchange, both parties used highly offensive and defamatory language, including sexual references and derogatory terms. Mr. X made explicit comments about their intimate relationship, while Ms. Y used abusive language. The conversation escalated to the point where personal attacks became severe, and one party eventually blocked the other. The incident raised concerns about potential workplace harassment, cyber defamation, and whether either party should seek new employment to avoid further complications. Both individuals were worried about the legal implications and professional consequences of their actions.

Advice in Such Cases

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 to 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.

• Preserve all digital evidence including screenshots of conversations immediately
• Report the matter to HR department to prevent workplace complications
• Avoid any further communication with the other party to prevent escalation

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), several provisions apply: Section 356 deals with defamation where false statements damage reputation. Section 75 covers sexual harassment including unwelcome sexual advances or comments. Section 351 addresses criminal intimidation through threats. Under Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 173 provides procedures for filing complaints, while Section 154 covers cognizable offenses. The Information Technology Act’s provisions on cyber harassment may also apply when offensive content is shared through digital platforms.

If You Are the Complainant

• File a written complaint with police station having jurisdiction over your residence
• Submit screenshots and digital evidence with proper timestamps and metadata
• Approach the Internal Complaints Committee (ICC) at your workplace simultaneously
• Maintain detailed records of all interactions and their impact on your mental health
• Consider filing for anticipatory bail if counter-allegations are expected

If You Are the Victim

• Document all evidence of harassment including messages, calls, and workplace incidents
• Inform trusted colleagues or supervisors about the situation for support
• Seek counseling or medical help if experiencing stress or anxiety
• File complaints with both police and workplace authorities simultaneously
• Consider applying for protection orders if harassment continues

How the Police Behave in Such Cases

Police typically treat such cases seriously when proper evidence is presented. They may first attempt mediation between parties. Digital evidence is carefully examined for authenticity. Both parties are usually called for statements. Police may issue notices under BNSS Section 35 for appearance. Investigation includes verification of workplace relationship and checking for any physical threats. Cross-complaints are common in such cases, requiring careful handling.

FAQs People Normally Have

• Can I be arrested immediately? Arrest depends on severity and evidence. Most cases start with notices for appearance.
• Will this affect my job? Employers may take disciplinary action based on their policies regarding workplace conduct.
• Can private messages be used as evidence? Yes, WhatsApp messages with proper authentication can be admitted as evidence.
• What if both parties filed complaints? Both complaints will be investigated separately based on individual merits and evidence.

What Evidence Is Required?

• Screenshots of all WhatsApp conversations with timestamps
• Mobile phone call logs and message details from service provider
• Workplace emails or communications related to the relationship
• Witness statements from colleagues who knew about the relationship
• Medical records if harassment caused psychological distress
• HR complaints or documentation filed previously
• Social media posts or communications referencing the incident

How Long Will the Investigation Take?

Investigation typically takes 2-6 months depending on complexity and evidence volume. Police may complete inquiry within 60-90 days for straightforward cases. Court proceedings, if filed, can extend 6-18 months. Workplace investigations through ICC usually conclude within 3 months. Settlement through mediation may resolve matters in 1-2 months.

Advocate Sudhir Rao, Supreme Court of India