Preserve Evidence & Know Your Rights
Before you ask a platform to remove content, it is strictly necessary to save proof if you intend to take legal action.
Step 1: How to Preserve Evidence Safely
Why is this important?
If the content is taken down before you report it to the police, it might be harder to prove the crime occurred. It is essential to safely document what happened.
- Take Screenshots: Capture the image/video, the profile of the person who posted it, the date, and the time. Ensure the username is clearly visible.
- Save the URLs: Copy the exact link (URL) from the address bar of the browser and paste it in a secure note on your device.
- Do not delete messages: If you are receiving threats or blackmail on WhatsApp, Instagram, or Telegram, DO NOT delete the chat. Take screenshots and export the chat history if possible.
- Record the screen: If it's a video or a disappearing message platform, use your phone's screen recording feature.
Step 2: Know Your Legal Rights (India Focus)
In India, the sharing of non-consensual intimate imagery (NCII) and online harassment is a serious crime under the IT Act and Bharatiya Nyaya Sanhita (BNS).
Information Technology (IT) Act, 2000
- Section 66E: Punishes the intentional violation of privacy by capturing or publishing images of a person's private parts without their consent.
- Section 67: Punishes the publishing or transmitting of obscene material in electronic form.
- Section 67A: Imposes stricter punishment for publishing or transmitting material containing sexually explicit acts.
Bharatiya Nyaya Sanhita (BNS)
- Section 74: Deals with assault or criminal force to women with intent to outrage her modesty.
- Section 77: Voyeurism (capturing or disseminating an image of a woman doing a private act without consent).
- Section 79: Making words, gestures, or acts intended to insult the modesty of a woman.
- Section 308 (Extortion): Very common in "sextortion" cases where someone threatens to release images unless money or explicit favor is given.
Intermediary Guidelines (IT Rules 2021)
Under the IT Rules 2021, social media platforms (intermediaries) are legally required to remove or disable access to non-consensual intimate imagery (NCII) or full/partial nudity within 24 hours of receiving a complaint from the individual shown in the imagery.
Note on AI / Deepfakes: This law explicitly covers AI-generated or synthetic media. If someone uses AI to generate vulgar images of you without your consent, the law treats it exactly the same as a real photo.
Step 3: What to Expect from Law Enforcement
Filing a police complaint can seem daunting. Here is what you should expect and insist upon:
- Right to Privacy: When you file an FIR relating to outraging the modesty of a woman (Section 77/79 BNS), the police are legally bound to keep your identity confidential. You can insist on giving an anonymous statement or statements directly to a female officer.
- Cyber Crime Portal: It is usually faster to start by filing the complaint on the National Cyber Crime Reporting Portal. This can be done anonymously initially.
- Zero FIR: You can file an FIR at ANY police station, regardless of where the crime took place or where the perpetrator lives. This is called a Zero FIR, and the police station must register it and transfer it to the correct jurisdiction.