How to report harassment by delivery or cab partners in India

Your safety isn't a "customer support" ticket

You are home alone, you order a late-night meal, and the delivery guy starts asking weird personal questions—about your family, your schedule, or if you live by yourself. It feels "off." A recent case where an Indian delivery driver in the UK was convicted of raping a customer after asking for "visa help" has highlighted how predators exploit personal vulnerabilities. In India, you don't have to just "block and forget." Whether it is a delivery partner or a cab driver, knowing how to trigger the law is your best defence.

What the law actually says

Since July 1, 2024, India’s criminal legal framework has shifted from the IPC to the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS). If a delivery partner or driver harasses you, several specific laws apply:

1. Sexual Harassment (Section 75 of the BNS): This covers physical contact involving unwelcome sexual overtures, or making sexually coloured remarks. If they use criminal force to outrage your modesty, it falls under Section 74 of the BNS.
2. Stalking (Section 78 of the BNS): If a driver follows you or tries to contact you repeatedly (online or offline) despite your clear indication of disinterest, it is stalking. This includes using the phone number they got from the app to message you later.
3. Mandatory FIR (Section 173 of the BNSS): This replaces Section 154 of the old CrPC. It mandates that a police officer must register an FIR if your complaint discloses a cognizable offence (like assault or harassment). As per the Supreme Court judgment in Lalita Kumari v. Govt. of U.P. (2014), the police cannot refuse to file an FIR or conduct a "preliminary inquiry" to decide if they should register it.
4. Zero FIR (Section 173(2) of the BNSS): You can file an FIR at any police station, regardless of whether the incident happened in their jurisdiction. They are legally bound to record it and then transfer it to the relevant station.
5. Platform Liability: Under the Consumer Protection (E-Commerce) Rules, 2020, platforms like Zomato, Swiggy, or Uber are required to have a grievance redressal mechanism and a designated Grievance Officer. They are responsible for the vetting and conduct of the partners they send to your doorstep.

How to file an FIR (and what to do if police refuse)

Step-by-step playbook

Step 1: Immediate Safety & SOS

If you feel unsafe right now, do not worry about "being polite."

• Use the App SOS: Every major aggregator (Uber, Ola, Zomato, Swiggy) has an in-app emergency button. This usually alerts their safety team and, in some cases, local police.
• Call 112: This is India’s all-in-one emergency helpline. Do not wait for the app to respond if you are in immediate danger.
• Share Live Location: Send your live location to at least two trusted contacts immediately.

Step 2: Preserve the Evidence

Predators often rely on the "he said, she said" gap. Close that gap by securing proof:

• Screenshots: Capture the driver’s profile, vehicle number, and the map showing they were at your location.
• Call Logs & Recordings: If they call you from a personal number to harass you, save the logs. If your phone has a recording feature, use it.
• CCTV Footage: If you live in an apartment or a street with cameras, request the society office or shop owner to preserve the footage from that specific timeframe. Do this quickly; many systems overwrite data every 7 days.

Step 3: Formal Complaint to the Platform

Do not just rate them 1 star. You need a paper trail.

• Report via Help Centre: Use the "Report a Safety Issue" or "Driver was unprofessional" tag.
• Demand a Ticket ID: Every complaint generates a unique ID. Save this.
• Ask for Action Taken: Ask the platform in writing (email) if the partner has been offboarded or suspended. This is crucial for your police complaint later to show the platform acknowledged the misconduct.

Step 4: Filing a Zero FIR

If the harassment was physical, or if the stalking continues, go to the police.

• Where to go: Any police station. If they say "this happened in another area," cite Section 173 of the BNSS and demand a Zero FIR.
• What to bring: Your ID, the screenshots, the platform's ticket ID, and a written statement of the incident.
• The Receipt: You are entitled to a free copy of the FIR immediately. Do not leave without it.
• If they refuse: If the SHO refuses to file the FIR, you can send the complaint in writing to the Superintendent of Police (SP) via registered post under Section 173(4) of the BNSS.

Step 5: Escalate to the National Commission for Women (NCW)

If the police are slow or the platform is dismissive:

• Online Portal: Visit the NCW Complaints Portal and file a formal complaint.
• Details: Mention the FIR number (if filed) or the police station details that refused you. The NCW has the power to summon police officials and platform heads to explain safety lapses.

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Where it usually breaks

The system looks good on paper, but in reality, you will hit walls. Here is how to climb over them:

1. The "Chalta Hai" Police Attitude If you go to a police station for "just" a creepy comment or a driver following you, the officer might try to talk you out of it. They might say, "Beta, complain mat karo, uska career kharab ho jayega" (Child, don't complain, his career will be ruined) or "Just block the number."

• The Workaround: Remind them of Section 173 of the BNSS. Under the Lalita Kumari v. Govt. of U.P. (2014) judgment by the Supreme Court, if your complaint shows a cognizable offence (like harassment under Section 75 of the BNS), they must register an FIR. If they still refuse, ask for the "Station Diary" entry or tell them you will send the complaint to the Superintendent of Police (SP) via registered post under Section 173(4) of the BNSS.

2. The "Independent Contractor" Excuse Platforms like Uber or Zomato often try to dodge liability by saying the driver is not their employee but an "independent partner."

• The Workaround: Don't let them off the hook. Cite the Consumer Protection (E-Commerce) Rules, 2020. These rules mandate that every e-commerce entity must appoint a Grievance Officer and is responsible for the conduct of the sellers/partners they host. If the app support bot gives you a generic reply, take the fight to LinkedIn or X (formerly Twitter) and tag the company’s India head and the Ministry of Consumer Affairs (@jagograhakjago).

3. The Vanishing Driver Profile Sometimes, after a ride or delivery ends, the driver's details disappear from your "Recent" list, or the platform hides the vehicle number for "privacy."

• The Workaround: This is why Step 2 (Preserving Evidence) is vital. If the app hides details, the police have the power to issue a notice to the company under Section 94 of the BNSS to produce the driver's KYC documents. Your job is to provide the exact time and date of the order/trip.

Templates / script

A. Formal Email to the Grievance Officer

Subject: Formal Grievance: Safety Incident - Trip/Order ID [Number] - [Date]

Body: To the Grievance Redressal Officer, [Company Name (e.g., Uber India / Zomato)],

I am writing to formally report a safety violation by your partner, [Driver/Delivery Name], during a [Trip/Order] on [Date] at [Time].

Incident Details: [Describe briefly: e.g., The partner made sexually coloured remarks and followed me to my door.]

Under the Consumer Protection (E-Commerce) Rules, 2020, your platform is required to ensure a safe environment for consumers. I have already reported this via the app (Ticket ID: [ID]), but I am yet to receive confirmation of the action taken.

I demand:

1. Immediate offboarding of this partner to prevent further incidents.
2. A formal response confirming the steps taken for my safety.
3. Preservation of the partner’s KYC and GPS logs as I am initiating legal action.

Please acknowledge this email within 48 hours as per statutory requirements.

Regards, [Your Name] [Phone Number]

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B. FIR Draft Template (For the Police Station)

To, The Station House Officer (SHO), [Name of Police Station], [City]

Subject: Complaint regarding Sexual Harassment under Section 75 and Stalking under Section 78 of the BNS, 2023.

Sir/Madam, I, [Your Name], aged [Age], residing at [Your Address], wish to report an incident that occurred on [Date] at approximately [Time].

I had booked a [Cab/Delivery] via [App Name]. The partner, identified as [Name] with vehicle number [Number], [Describe what happened: e.g., used abusive language / made unwelcome sexual overtures / followed me after the delivery].

This conduct constitutes an offence under Section 75 (Sexual Harassment) and Section 78 (Stalking) of the Bharatiya Nyaya Sanhita (BNS).

I request you to register an FIR under Section 173 of the BNSS and initiate an investigation. I have attached [Screenshots/Call Logs/CCTV stills] as evidence.

Yours sincerely, [Your Name] [Date]

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C. Script for 112 Emergency Call

"Hello, I am at [Specific Landmark/Address]. I am being harassed by a [delivery person/cab driver]. He is [refusing to leave/following me/threatening me]. My [Trip/Order] ID is [ID]. I feel unsafe and need a patrol vehicle immediately. I am wearing a [Color] shirt so you can identify me."

FAQs

1. Does it cost money to file an FIR against a driver? No. Filing an FIR is absolutely free. If any police officer asks for money to "write the complaint" or for "petrol charges" to catch the guy, that is illegal. You can report this to the Vigilance Department of your state police.

2. Can I file a complaint if the harassment happened over a phone call after the delivery? Yes. If a driver uses the phone number they got from the app to call or message you for non-business reasons, it is a breach of privacy and falls under stalking (Section 78 BNS). Most apps use number masking, but if they find your real number, it is a major safety lapse by the platform.

3. What if I don't know the driver's full name or address? You don't need to. As long as you have the Trip ID, Order ID, or the Vehicle Number, the police can legally compel the company (Uber, Swiggy, etc.) to provide the driver’s full KYC details, including their Aadhaar and permanent address.

4. Can the driver find out my home address from the FIR? An FIR is a public document in some states, and the accused has a right to a copy. However, if you are a woman reporting sexual harassment, you can request the police to keep your contact details confidential in the records provided to the accused to prevent retaliation.

5. I’m in a different city than where it happened. Can I still report it? Yes. Use the Zero FIR provision under Section 173(2) of the BNSS. Any police station in India must record your complaint and then transfer it to the station where the incident occurred. They cannot tell you "not our jurisdiction."

6. How long does the platform take to respond? Under the Consumer Protection Rules, the Grievance Officer must acknowledge your complaint within 48 hours and resolve it within one month. If they ignore you, you can file a complaint on the National Consumer Helpline (1800-11-4000) or via the NCH app.

7. Should I confront the driver? No. Your safety is the priority. Avoid physical or verbal escalation. Get to a safe, crowded place or inside your home with the door locked first. Let the law and the platform’s safety team handle the confrontation.

Sources

• Bharatiya Nyaya Sanhita, 2023
• Bharatiya Nagarik Suraksha Sanhita, 2023
• NCW Online Complaint Registration
• Consumer Protection E-Commerce Rules, 2020