How to file an FIR for online harassment under BNS and IT Act

Your DMs are not a lawless wasteland

You wake up to a barrage of trolls in your DMs or, worse, someone has made a fake profile using your photos to post "anything" (💅🏻🥀) to ruin your reputation. You report the account, but the platform takes its sweet time. It feels like shouting into a void while your mental health takes a hit. But here is the thing: online harassment is not just a platform violation; it is a criminal offence under Indian law. You have the power to move from simply "blocking" to actively "prosecuting." Whether it is stalking, non-consensual sharing of images, or identity theft, the law is finally catching up to the digital reality of young India.

What the law actually says

As of July 1, 2024, the Indian Penal Code (IPC) has been replaced by the Bharatiya Nyaya Sanhita (BNS), and the procedure is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Key Sections for Cyber Crimes:

• Cyberstalking (Section 78 BNS): This section defines stalking. If someone monitors your use of the internet, email, or any other form of electronic communication, they are committing a crime. A first conviction can lead to up to 3 years in jail and a fine.
• Insulting Modesty (Section 79 BNS): This covers words, gestures, or acts intended to insult the modesty of a woman. This includes sending unsolicited graphic images or making sexually coloured remarks online.
• Identity Theft (Section 66C IT Act 2000): If someone creates a fake profile using your name or photos, they are "dishonestly making use of the electronic signature or password" or other unique identification features.
• Publishing Obscene Material (Section 67 IT Act): This is the primary tool against the non-consensual sharing of private images or "revenge porn."

Your Right to an FIR:

Under Section 173 of the BNSS (formerly Section 154 CrPC), the police are legally bound to register an FIR if your information discloses a "cognisable offence" (serious crimes where police can arrest without a warrant). The Supreme Court of India, in the landmark case Lalita Kumari vs. Govt. of U.P. (2014), ruled that registration of an FIR is mandatory in such cases.

Furthermore, Section 173(1) of the BNSS explicitly allows for a Zero FIR. This means you can walk into any police station in India—regardless of where you live or where the harasser is—and they must register your complaint before transferring it to the relevant station. You can also file an FIR online through state-specific portals or the national portal.

Step-by-step playbook

1. Document the evidence (The "Screenshot" Phase)

Do not delete the messages or the profile immediately. Digital evidence is fragile.

• Screenshots: Capture the perpetrator’s profile handle, the specific comments or messages, and the timestamp.
• URLs: Copy the direct link to the profile and the offending posts. On Instagram/X, this is usually found under the "three dots" menu.
• Metadata: If you received threats via WhatsApp, do not just screenshot; use the "Export Chat" feature to save a text file of the conversation which includes timestamps and phone numbers.

2. Report to the platform

While the police handle the law, the platform handles the content. Report the account for harassment or impersonation. This creates a digital trail. If the police later issue a notice under Section 94 of the BNSS, the platform is required to share the user’s IP address and registration details with the investigators.

3. Use the National Cyber Crime Reporting Portal

Before going to a physical station, log your complaint at cybercrime.gov.in.

• Select "Report Women/Child Related Crime."
• You can choose to "Report and Track," which is necessary if you want an FIR registered.
• Upload your screenshots and provide a detailed description. This portal is monitored by the Ministry of Home Affairs (MHA), and complaints are forwarded to your local Cyber Cell. For more details, see our guide on the Cyber Crime reporting portal.

4. Drafting your written complaint

If you go to a police station, do not just tell them your story verbally. Give them a written letter addressed to the SHO (Station House Officer).

• Subject: Complaint regarding online harassment and stalking under Section 78/79 of BNS and Section 67 of the IT Act.
• Body: Be clinical. State the facts: "On [Date], at [Time], the user with handle [Username] sent [describe content]."
• Request: End with: "I request you to register an FIR under Section 173 of the BNSS."

5. The Police Station Visit

You have the right to visit a Women’s Police Station (Mahila Thana) if you feel more comfortable. You are also entitled to have a legal practitioner or a person of your choice present during the statement recording. If the offence involves sexual harassment, the statement must be recorded by a woman police officer under Section 173 of the BNSS.

6. Demand your Free Copy

Once the FIR is filed, the police are legally required under Section 173(2) of the BNSS to give you a copy of the FIR immediately, free of cost. Do not leave without it. This document is your proof that the state has officially started an investigation.

7. If the Police refuse to help

If an officer tells you to "just ignore it" or "it is just a joke," they are in violation of the law.

• Escalate: Send your complaint via Registered Post to the Superintendent of Police (SP) or Deputy Commissioner of Police (DCP) under Section 173(3) of the BNSS.
• Judicial Route: If the SP also fails to act, you can approach a Magistrate under Section 175(3) of the BNSS to seek an order for an investigation.

Dealing with this can be exhausting. If you are feeling overwhelmed, check out these Mental health helplines for support. To learn about other rights, browse all civic-action guides.

Where it usually breaks

The system is better on paper than in practice. Here is where you will likely hit a wall and how to climb over it:

1. The "Jao Cyber Cell Jao" (Go to the Cyber Cell) Excuse: When you walk into a local police station, the officer might tell you they don't handle "internet stuff" and ask you to go to the district's specialized Cyber Cell.

   • The Workaround: Remind them of Section 173 of the BNSS. Every police station is legally required to register a Zero FIR for cognisable offences. You don't need to travel 20km to a specialized cell just to file a report. If they still refuse, ask to speak to the SHO (Station House Officer) or the Duty Officer.

2. The "Arre Beta, Block Kar Do" (Just block them) Dismissal: Officers often treat online harassment as a "bachon ka jhagda" (kids' fight) rather than a crime. They might suggest you just delete your account or block the person.

   • The Workaround: Stand your ground. State clearly: "Sir/Ma'am, this is a violation of Section 78 and 79 of the BNS. I am feeling unsafe, and I want a formal record of this." Mention the Lalita Kumari vs. Govt. of U.P. (2014) judgment, which makes it mandatory for them to register an FIR if a cognisable offence is disclosed.

3. The "Evidence Deleted" Trap: If the harasser deletes their profile or messages before the police "see" it, the police might claim they can't do anything.

   • The Workaround: This is why your initial screenshots and the URL of the profile are critical. Even if a profile is deleted, the platform (Instagram, X, etc.) retains data logs for a specific period. Under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, platforms must preserve information for at least 180 days after a withdrawal or cancellation of registration to assist in investigations.

4. The Portal is Down or Stuck: The cybercrime.gov.in portal sometimes fails to send OTPs or crashes during file uploads.

   • The Workaround: Don't wait for the site to fix itself. Download the physical complaint form or write it on a plain sheet of paper and head to the nearest station. You can also email the Nodal Officer of your state’s Cyber Cell. You can find the list of Nodal Officers on the "Contact Us" section of the National Cyber Crime portal.

Templates / script

1. Script: Talking to the Duty Officer

You: "Namaste, I want to file an FIR regarding online stalking and harassment under Section 78 and 79 of the BNS." Officer: "Hum iska kya karein? (What can we do about this?) Just block the person." You: "I have already blocked them, but they are creating fake profiles and monitoring my activity. This is a cognisable offence under the BNS. As per the Lalita Kumari judgment, the police are required to file an FIR when a cognisable offence is reported. If this station doesn't have jurisdiction, please file a Zero FIR under Section 173 of the BNSS."

2. Template: Formal Written Complaint

Copy-paste this, fill in the brackets, and take two printouts (one for them, one for your "received" stamp).

To, The Station House Officer, [Name of Police Station], [City/District]

Subject: Complaint regarding online harassment, stalking, and identity theft.

Respected Sir/Ma'am,

I, [Your Full Name], aged [Age], resident of [Your Address], wish to report a criminal offence occurring online.

Details of the incident: Since [Date], an individual using the handle/phone number [Insert Handle or Number] has been [describe the action: e.g., sending sexually explicit messages / creating a fake profile using my photos / stalking my movements].

Evidence: I have attached screenshots of the offending content, the profile URL ([Insert URL]), and timestamps of the messages.

Legal Provisions: These actions constitute offences under:

1. Section 78 of the BNS (Stalking)
2. Section 79 of the BNS (Insulting modesty of a woman)
3. Section 66C of the IT Act (Identity Theft - if a fake profile is involved)

I request you to register an FIR under Section 173 of the BNSS and initiate an investigation. Please provide me with a copy of the FIR free of cost as per my legal right.

Yours faithfully, [Your Signature] [Your Phone Number] [Date]

FAQs

1. Do I have to pay any fee to file an FIR?

No. Filing an FIR is absolutely free. If an officer asks for money for "paperwork" or "petrol for the investigation," it is a bribe. You are also entitled to a free copy of the FIR immediately after it is registered under Section 173(2) of the BNSS.

2. Can I file a complaint if the harasser is outside India?

Yes. Indian courts have jurisdiction if the victim is in India or if the computer system/network used is located in India. While catching someone abroad is harder, filing the FIR is the first step for the police to contact Interpol or use Mutual Legal Assistance Treaties (MLATs).

3. Will the police inform my parents?

If you are above 18, the police are not legally required to inform your parents. However, in practice, they often ask for a "guardian" to be present. If you are a minor (under 18), the police will involve your parents or a legal guardian as per the Juvenile Justice Act.

4. Can I file the complaint anonymously?

On the cybercrime.gov.in portal, you can "Report Anonymously" for specific crimes like child pornography or certain women-related offences. However, for a full investigation and an FIR that leads to a trial, you will eventually need to provide your details and sign the statement.

5. What if the police refuse to file the FIR even after I cite the law?

If the SHO refuses, you can send your complaint in writing via registered post to the Superintendent of Police (SP) or the Commissioner of Police under Section 173(4) of the BNSS. If they also fail to act, you can approach a Magistrate under Section 175(3) of the BNSS to order an investigation.

6. How long does the investigation take?

The BNSS has introduced timelines. Under Section 193 of the BNSS, the police should ideally provide a progress report to the informant within 90 days. For crimes against women, there is increased pressure to complete the investigation within two months of filing the FIR.