How to report illegal media shared in group chats under BNS and IT Act

The "Wildest Thing" Trap

You are in a college WhatsApp group or scrolling a subreddit like r/IndianTeenagers when someone drops the prompt: "Drop the most wildest thing from your gallery😝." Within minutes, the chat is a mess. It starts with weird memes, but quickly spirals into leaked private photos of an ex, graphic 'gore' videos, or non-consensual intimate images (NCII) of someone you might even know.

Maybe you feel like a 'buzzkill' for wanting to stop it, or you are worried that if you speak up, the admin will kick you out. But here is the reality: 'wild' content is often criminal content. In India, the moment a photo is shared without the subject's consent or crosses the line into 'obscenity,' it stops being a joke and starts being a violation of the Bharatiya Nyaya Sanhita (BNS) and the IT Act. You do not have to be a silent spectator to a digital crime. Whether it is a 'revenge porn' situation or the circulation of illegal media, you have the legal tools to shut it down without losing your own digital safety.

What the law actually says

As of July 1, 2024, India transitioned from the Indian Penal Code (IPC) to the Bharatiya Nyaya Sanhita (BNS). If you are reporting a crime that happened today, you use the BNS sections, not the old IPC ones.

1. Non-Consensual Intimate Images (NCII)

If someone shares a private photo of a woman without her consent, they are violating Section 77 of the BNS (which covers stalking and monitoring) and Section 79 of the BNS (word, gesture, or act intended to insult the modesty of a woman). Sharing such media is a cognizable offence, meaning the police can arrest the perpetrator without a warrant.

Additionally, Section 66E of the Information Technology (IT) Act, 2000 specifically punishes the violation of privacy. If someone captures, publishes, or transmits the image of a private area of any person without their consent, they can face up to 3 years in jail or a fine of up to ₹2 lakh.

2. Obscenity and Sexually Explicit Content

Sharing 'wild' content that is sexually explicit falls under Section 67 and 67A of the IT Act.

• Section 67: Covers publishing or transmitting obscene material in electronic form.
• Section 67A: Carries harsher penalties (up to 5 years in prison and a ₹10 lakh fine) for transmitting material containing 'sexually explicit acts.'

3. The Duty of the Platform

Under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, platforms like WhatsApp, Instagram, and Reddit are 'intermediaries.' They are legally required to remove non-consensual nude or partially nude images within 24 hours of receiving a complaint.

4. Your Right to File an FIR

Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the police are mandated to register an FIR for cognizable offences. If the crime happened online, you can file a 'Zero FIR' at any police station, regardless of where the person who posted it lives. You can also How to file an FIR (and what to do if police refuse) if you face pushback at the local station.

If this happened in a college setting, the Internal Complaints Committee (ICC) is also a legal venue for recourse. Check our guide on POSH at workplace and college for more on that.

Step-by-step playbook

Step 1: Preserve the Evidence (Do not delete yet!)

Your first instinct might be to report and block, or for the admin to delete the message. Stop. For the law to work, you need evidence that is admissible in court under the Bharatiya Sakshya Adhiniyam (BSA).

• Screenshots: Capture the image/video, the sender’s phone number or profile handle, and the timestamp.
• Metadata: On WhatsApp, tap the message and select 'Info' to see when it was delivered/read.
• Screen Recording: If it is a video or a disappearing message (View Once), use another phone to record the screen or use a screen-recorder app if the platform allows it.
• URL/Link: If the content is on a subreddit or a public profile, copy the direct URL.

Step 2: Use the Platform’s Takedown Mechanism

Before the police get involved, get the content off the internet.

• WhatsApp: Long-press the message > Report. Select 'Report and Block.'
• Instagram/Reddit: Tap the three dots (...) on the post or message > Report > 'Nudity or sexual activity' or 'Harassment.'
• The 24-Hour Rule: If you are the victim, explicitly mention in your report: "This is a non-consensual intimate image shared in violation of Rule 3(2)(b) of the IT Rules 2021." This triggers the legal requirement for the platform to remove it within 24 hours.

Step 3: Report to the National Cyber Crime Reporting Portal

This is the most effective way to start a legal paper trail without visiting a police station immediately.

1. Go to Cyber Crime reporting portal at cybercrime.gov.in.
2. Select 'Report Women/Child Related Crime' if the content involves NCII or child abuse.
3. You can choose to 'Report Anonymously' or 'Report and Track.' If you want an FIR and investigation, choose 'Report and Track.'
4. Upload the screenshots you saved in Step 1.
5. Provide the 'Category of Complaint' (e.g., Online Content Intermediation / Publishing Obscene Material).
6. Expected Timeline: You should receive an acknowledgement (Acknowledge Number) immediately via SMS/Email. A police officer from your local cyber cell will typically contact you within 48–72 hours for a statement.

Step 4: Filing a Zero FIR (If needed)

If the content is part of a larger harassment campaign or 'revenge porn,' a web report might not be enough. You may need a formal FIR.

• Visit your nearest police station.
• Tell them you want to file an FIR under Section 79 BNS and Section 67A IT Act.
• If they say "this happened in another city/district," remind them of the Zero FIR rule. They must register it and transfer it to the correct station later.
• What to bring: A printed copy of the screenshots and a 'Section 63 BSA Certificate' (a simple signed declaration that the digital evidence is authentic and from your device).

Step 5: Escalate if the Content is Still Up

If the platform does not remove the content within 24 hours, you can escalate to the Grievance Officer of the company. Every major platform (Meta, X, Reddit) is required to list the contact details of their Resident Grievance Officer for India on their website. Send a formal email with your Cyber Crime portal acknowledgement number and the direct link to the content.

If you are feeling overwhelmed by the legal process or the content itself, reach out for support. Mental health helplines (iCall, Vandrevala, NIMHANS) can provide a safe space to talk while you navigate the civic action steps.

Browse all civic-action guides

Where it usually breaks

Even with the law on your side, the process often hits these three walls:

1. The "It's just a meme" Dismissal When you go to a local police station, an officer might try to downplay the incident, calling it a "bachon ki baat" (kids' stuff) or a joke. They might refuse to file an FIR, suggesting you "just block them."

• The Workaround: Remind the officer of the Mandatory Registration of FIR under the Supreme Court judgment in Lalita Kumari vs. Govt. of Uttar Pradesh (2014). If they still refuse, use Section 173(4) of the BNSS to send your complaint in writing to the Superintendent of Police (SP) via registered post. You can also file the complaint directly on the National Cyber Crime Reporting Portal.

2. The Platform's "Automated" Silence Reporting a post via the "Report" button on WhatsApp or Instagram often triggers an automated bot that might tell you the content "doesn't violate community standards."

• The Workaround: Don't stop at the button. Under the IT Rules 2021, every major platform must have a Grievance Officer based in India. Find their email in the app's 'Legal' or 'Help' section. Send a formal email citing the 24-hour takedown rule for non-consensual nude or partially nude images.

3. The Admin Liability Myth Group admins often panic and delete the whole group or kick everyone out, thinking they are legally responsible for every message. This destroys evidence.

• The Workaround: High Courts (including Delhi and Bombay) have repeatedly held that a group admin is not vicariously liable for content posted by a member unless it can be proven they instigated or facilitated it. Tell the admin to keep the group active but "Restrict Messaging" to admins only while you collect evidence.

Templates / script

A. Formal Email to Platform Grievance Officer

Subject: Urgent Takedown Request: Violation of Rule 3(2)(b) of IT Rules 2021 Body: To the Grievance Officer, [Platform Name], I am reporting the circulation of non-consensual intimate images/sexually explicit content on your platform.

• Link/User Handle/Group Name: [Insert details]
• Timestamp of Incident: [Date and Time]
• Nature of Violation: The content depicts [mention if it’s NCII or obscenity] without the subject's consent, violating Section 66E/67A of the IT Act and Rule 3(2)(b) of the IT (Intermediary Guidelines) Rules, 2021. As per the law, you are required to remove or disable access to this content within 24 hours. I have preserved screenshots for legal proceedings. Please confirm the takedown immediately. Regards, [Your Name]

B. Script for National Cyber Crime Portal (cybercrime.gov.in)

When filing the "Report Anonymous" or "Report and Track" complaint, use this structure in the description box: "On [Date] at [Time], a user with the handle/phone number [Number] shared [describe the media—e.g., a morphed photo or private video] in a group titled [Group Name]. This was done without the consent of the person depicted. This act falls under Section 77 and 79 of the BNS and Section 66E of the IT Act. I have attached screenshots of the chat, the sender’s profile, and the media in question as evidence."

C. Script for Talking to Police

You: "Sir/Ma'am, I want to file an FIR regarding the circulation of illegal media in a WhatsApp group." Officer: "It’s a private group, just leave it." You: "Actually, Section 173 of the BNSS makes it mandatory to register an FIR for cognizable offences. The content shared violates Section 79 of the BNS (modesty of a woman) and Section 67A of the IT Act. Since this is a cybercrime, I am also ready to provide the digital evidence as per the Bharatiya Sakshya Adhiniyam."

FAQs

1. Can I report the chat if I am not the person in the photo? Yes. Anyone who witnesses a crime can report it. For "Obscenity" (Section 67 IT Act), any viewer can be the complainant. However, for "Violation of Privacy" (Section 66E), the police usually require the victim's statement eventually. You can start the process anonymously on the National Cyber Crime Portal to get the content flagged.

2. Will the police take my phone away if I show them the evidence? They might ask to "seize" the device as evidence under the Bharatiya Sakshya Adhiniyam (BSA). To avoid losing your primary phone, ensure you have a "Hash Value" of the screenshots/videos or provide a backup on a dedicated pen drive. You can request the court to release your phone (Superdari) after the data is mirrored.

3. What if the sender uses a fake profile or an international number? File the complaint anyway. The police can issue a notice under Section 94 of the BNSS (formerly Section 91 CrPC) to the platform (Meta, X, etc.) to provide the IP logs and registration details of that account. Even "deleted" accounts leave digital footprints that platforms must store for a specific period.

4. Is it a crime to just 'view' the media in the group? Generally, viewing is not a crime under the IT Act, but storing or forwarding it is. If you download it to your gallery, you are technically in "possession" of the material. If the material involves a minor (POCSO Act), even possession without reporting it is a serious criminal offence.

5. How long does it take for the content to be removed? Under the IT Rules 2021, for content showing nudity or sexual acts without consent, the platform must remove it within 24 hours of your complaint. For other types of 'obscene' content, the timeline can be longer, but the platform is still required to act "expeditiously."

6. Can I be sued for defamation if I report someone? No, provided you are reporting a suspected crime to the lawful authorities in good faith. Under the BNS, making a statement to a public servant for the protection of interest (yours or another's) is an exception to defamation. Always stick to the facts: "This person shared this media," rather than "This person is a criminal."