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How to report online body-shaming and harassment under BNS Section 79

Feeling like you need to "be ugly" to avoid creepy DMs or body-shaming? You have a legal right to a safe digital life. Here is how to use the BNS and IT Act to fight back.

HowToHelp Editorial
12 min read
#online harassment law india#BNS Section 79#report body shaming india#cyberstalking BNS 78#cybercrime reporting portal#IT Act Section 67#digital safety for women india#Bhartiya Nyaya Sanhita harassment

The "ugly" truth about digital safety

You are scrolling through your feed, minding your own business, when a random account drops a vile comment about your face or slides into your DMs with something "suggestive." Your first instinct might be to delete the app, block the user, or worse—wish you were "ugly" enough to be invisible so the attention would stop. This sentiment is common in Indian teen communities where "pretty privilege" often comes with the tax of constant, unsolicited harassment. But here is the thing: you do not need to change your appearance or hide your face to stay safe. In India, your digital space is legally protected. You do not need to be invisible; you need to be informed. Whether it is a stranger making "rate me" comments you didn't ask for or a known person using your photos to body-shame you, the law has moved beyond just physical safety to cover your digital dignity. This guide breaks down how to use the new Bhartiya Nyaya Sanhita (BNS) and the IT Act to hold harassers accountable so you can stop worrying about how you look and start focusing on your rights.

What the law actually says

Since July 1, 2024, India has transitioned from the Indian Penal Code (IPC) to the Bhartiya Nyaya Sanhita (BNS). If you are facing harassment online, you are no longer looking at the old sections you might have seen in movies. Here are the specific statutes that protect you:

1. BNS Section 78: Stalking

Formerly Section 354D of the IPC, this section is crucial for digital safety. It states that any man who monitors the use by a woman of the internet, email, or any other form of electronic communication commits the offence of stalking. If someone is constantly following your profiles, commenting on every photo despite being blocked, or tracking your digital footprint to harass you, they are breaking the law. The first conviction can lead to up to 3 years in jail and a fine.

2. BNS Section 79: Insulting Modesty

This is the primary section used for body-shaming and verbal harassment. It covers any word, gesture, or act intended to insult the modesty of a woman. If someone posts derogatory comments about your body, uses slurs, or sends obscene messages, this section applies. It carries a penalty of up to 3 years of imprisonment.

3. BNS Section 352: Intentional Insult

Unlike the sections above which are gender-specific, Section 352 (formerly IPC 504) is for everyone. It covers intentional insults with the intent to provoke a breach of peace. If someone is bullying you online to the point where it disrupts your mental peace or provokes a public spat, this is your legal tool.

4. Information Technology (IT) Act, 2000

  • Section 66E: Protects your privacy. If someone captures, publishes, or transmits an image of your "private area" without consent, they face up to 3 years in jail or a fine of up to ₹2 lakh.
  • Section 67: Deals with publishing or transmitting obscene material in electronic form. This is what you use if someone sends or posts sexually explicit content (memes, morphed photos, or texts).

5. The 24-Hour Takedown Rule

Under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, social media platforms (Intermediaries) like Instagram, X, and Meta are legally required to remove non-consensual intimate images (NCII) or content depicting sexual acts within 24 hours of you reporting it.

According to the NCRB Crime in India 2023 report (released in late 2024), cybercrimes against women and children have seen a significant rise, but so has the rate of reporting. You are not alone in this fight. If the police refuse to help, remember the Supreme Court judgment in Lalita Kumari v. Govt. of U.P. (2014), which mandates that an FIR must be registered if the complaint discloses a cognizable offence. You can learn more about this in our guide on how to file an FIR (and what to do if police refuse).

Step-by-step playbook to reclaim your space

Reporting harassment can feel overwhelming, but breaking it down into technical steps makes it manageable. Do not delete the evidence yet—your screenshots are your strongest weapons.

Step 1: Document the evidence (The "Golden Rule")

Before you block the harasser or report the account to the platform, you must preserve the evidence. Courts and police need proof that is hard to dispute.

  • Screenshots: Capture the profile page of the harasser (including their handle and bio), the specific comments or messages, and the date/time.
  • URLs: On a browser, copy the direct link to the post or the profile. On apps, use the "Copy Link" feature.
  • Screen Recording: If the harassment involves disappearing messages (like on Instagram or Snapchat), use a second phone to record the screen while you open the message. Built-in screen recorders are good, but external video is harder to claim as "morphed."
  • Metadata: Do not edit or crop the screenshots. Keep the original files as they contain metadata (creation time) that helps forensic teams.

Step 2: Use the National Cyber Crime Reporting Portal

You do not need to go to a police station immediately. You can start the process from your phone.

  • Visit: Go to the Cyber Crime reporting portal at cybercrime.gov.in.
  • Choose your category: Select "Report Crime Related to Women/Children."
  • Report Anonymously: You have the option to report without revealing your name if you are worried about social backlash, though providing details helps in a faster investigation.
  • Upload Evidence: Attach the screenshots and URLs you collected in Step 1.
  • Save the Acknowledgement: You will receive a Complaint ID. Keep this safe; you will need it to track the status via an RTI later if the police sit on it.

Step 3: File a formal complaint at the Cyber Cell

While the online portal is a great start, a physical complaint often moves the gears faster.

  • Locate your Cyber Cell: Every district in India now has a dedicated Cyber Cell or a designated officer at the District Magistrate's office. You can find the list on your state police website (e.g., delhipolice.nic.in or uppolice.gov.in).
  • Write the complaint: Address it to the "Officer-in-Charge, Cyber Cell." Describe the incident clearly: who (the handle), what (the specific BNS section, like Section 79 for body-shaming), when, and where (Instagram/WhatsApp).
  • Demand a Zero FIR: If the harasser is in another city and the local police tell you to go there, remind them of the "Zero FIR" rule. They are legally bound to register the complaint and transfer it to the relevant station. For more on this, check our guide on how to file an FIR.

Step 4: Trigger the Platform's Legal Obligation

Parallel to the police complaint, force the social media platform to act.

  • Report via the App: Use the "Harassment" or "Bullying" reporting tool.
  • Grievance Officer: Every major platform in India must have a Resident Grievance Officer. If the standard reporting tool fails, find their email in the platform’s "Terms of Service" for India. Email them your Cyber Crime Complaint ID and demand the content be taken down under the IT Rules 2021.

Step 5: Protect your mental health

Legal battles and digital vitriol are draining. If the harassment is making you feel like you need to change who you are, talk to a professional. You can find a list of verified resources in our mental health helplines (iCall, Vandrevala, NIMHANS) guide. Reclaiming your space is a marathon, not a sprint.

For more ways to take charge of your digital and physical safety, browse all civic-action guides.

Where it usually breaks

The law looks great on paper, but the "system" can be glitchy. Here is where your complaint might get stuck and how to push it through:

1. The "Jurisdiction" excuse

You go to your local thana, and the officer says, "This happened on Instagram, go to the Cyber Cell," or "The harasser is in Mumbai, we can't file it in Delhi."

  • The Workaround: Remind them of the Zero FIR concept, now formalised under Section 173 of the Bhartiya Nagarik Suraksha Sanhita (BNSS). Police are legally bound to record the information of a cognizable offence regardless of where it happened. They must register it and then transfer it to the relevant station. If they refuse, mention Lalita Kumari v. Govt. of U.P. (2014).

2. The "It’s just a joke" dismissal

Many officers still view body-shaming or "roasting" as a minor personal tiff rather than a crime. They might tell you to "just block them and move on."

  • The Workaround: Don’t frame it as "he was mean to me." Frame it as a violation of Section 79 of the BNS (Insulting the modesty of a woman) or Section 352 of the BNS (Intentional insult to provoke breach of peace). Use the word "harassment" and "criminal intimidation" if they are threatening you.

3. The disappearing evidence

The harasser deletes their comment or deactivates their account before the police see it.

  • The Workaround: Screenshots are good, but screen recordings are better because they show the URL and the profile navigation, making it harder to claim the image was morphed. Use tools like the Wayback Machine to archive the page if the profile is public. Always note down the unique User ID (numerical), not just the @username, as usernames can be changed instantly.

4. Platform "Community Standards" loop

You report a comment to Instagram, and 10 minutes later, you get an automated message saying "This does not violate our Community Guidelines," even though it’s clearly abusive.

  • The Workaround: Every major social media platform in India is legally required to have a Resident Grievance Officer under the IT Rules, 2021. Do not just use the "Report" button; send a formal email to their Grievance Officer. They are legally mandated to acknowledge your complaint within 24 hours and resolve it within 15 days.

Templates / script

A. Formal Complaint to the SHO (Station House Officer)

Copy and adapt this for a physical letter or an email to your local police station.

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

Subject: Complaint regarding online harassment and body-shaming under BNS Section 79 and IT Act.

Respected Sir/Madam,

I, [Your Name], aged [Age], resident of [Your Address], wish to report a cognizable offence. Since [Date/Time], I have been targeted by an individual using the handle [Username/Profile Link] on [Platform Name, e.g., Instagram].

The individual has posted [describe the content: e.g., derogatory comments about my physical appearance, morphed photos, or obscene messages]. These actions are intended to insult my modesty and cause mental agony.

This constitutes an offence under Section 79 of the Bhartiya Nyaya Sanhita (BNS) for insulting the modesty of a woman, and Section 67 of the IT Act for transmitting obscene material.

I have attached screenshots and the profile URL as evidence. I request you to register an FIR and take necessary action.

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


B. Email to the Platform’s Grievance Officer

Use this when the "Report" button fails. You can find the Grievance Officer's email in the "Legal" or "Help" section of the app (e.g., for Meta/Instagram, it is usually [email protected]).

Subject: Formal Grievance under IT Rules 2021 – [Your Case ID if any]

To the Grievance Officer,

I am writing to report content that violates the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

URL of the offending content: [Link] User ID of the harasser: [Link/Handle] Nature of violation: The content involves [body-shaming/harassment/NCII]. Under Rule 3(2)(b), intermediaries must remove content depicting a woman in a derogatory manner or non-consensual intimate images within 24 hours.

I have already reported this via the app (Report ID: [Number]), but no action was taken. Please remove this content immediately to comply with Indian law.

Regards, [Your Name]


C. Script for calling the National Cyber Crime Helpline (1930)

If you are nervous about calling, use this flow:

Operator: "National Cyber Crime Helpline, how can I help you?" You: "Hello, I want to report a case of online harassment and [body-shaming/stalking]. I am being targeted on [Platform Name]." Operator: "Is it related to financial fraud?" You: "No, it is a cyber-crime against a woman/person. I have the profile links and screenshots ready. Can you guide me on how to upload these to the portal so an e-FIR can be generated?"


FAQs

1. Can I report body-shaming if I am a guy? Yes. While BNS Section 79 is specific to women, Section 352 of the BNS (Intentional insult) and Section 351(2) (Criminal Intimidation) apply to everyone. If the harassment involves obscene images, Section 67 of the IT Act is also gender-neutral. You have the right to a safe digital space regardless of your gender.

2. Is there a fee for filing a cyber-crime complaint or an FIR? No. Filing a complaint on the cybercrime.gov.in portal or registering an FIR at a police station is absolutely free. If any officer asks for "processing fees" or "convenience charges," they are asking for a bribe. You can report such officers to the Anti-Corruption Bureau (ACB) of your state.

3. Will the police tell my parents? If you are a minor (under 18), the police are legally required to involve a parent or guardian under the Juvenile Justice (JJ) Act. If you are an adult (18+), the police communicate with the complainant (you). However, in many harassment cases, police may contact your family for "verification." If you are worried about safety at home, tell the officer or contact a helpline like 181 (Women Helpline) first.

4. What if the harasser is using a fake "anonymous" account? The police can issue a notice to the social media platform (like Meta or X) under Section 94 of the BNSS to provide the IP logs, registration email, and phone number of the fake account. Even if the account is "deleted," platforms usually retain data for 180 days as per Indian law.

5. How long does it take for a comment to be removed? If it is a "Non-Consensual Intimate Image" (NCII) or sexually explicit, the platform must remove it within 24 hours of reporting under the IT Rules 2021. For general harassment or body-shaming, the Grievance Officer has up to 15 days to resolve the issue, though they often act faster if you cite the specific law.

6. Can I report anonymously? The cybercrime.gov.in portal has an option to "Report anonymously" specifically for crimes against women and children (like sharing of private images). However, for a full criminal investigation and FIR, you will eventually need to provide your details so the police can record your statement.

7. What if the police refuse to register my FIR? 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 that fails, you can approach a Magistrate under Section 175(3) of the BNSS to order an investigation.

Frequently Asked Questions

1. Can I report body-shaming if I am a guy?

Yes. While BNS Section 79 is specific to women, **Section 352 of the BNS** (Intentional insult) and **Section 351(2)** (Criminal Intimidation) apply to everyone. If the harassment involves obscene images, **Section 67 of the IT Act** is also gender-neutral. You have the right to a safe digital space regardless of your gender.

2. Is there a fee for filing a cyber-crime complaint or an FIR?

No. Filing a complaint on the [cybercrime.gov.in](https://cybercrime.gov.in) portal or registering an FIR at a police station is absolutely free. If any officer asks for "processing fees" or "convenience charges," they are asking for a bribe. You can report such officers to the Anti-Corruption Bureau (ACB) of your state.

3. Will the police tell my parents?

If you are a minor (under 18), the police are legally required to involve a parent or guardian under the **Juvenile Justice (JJ) Act**. If you are an adult (18+), the police communicate with the complainant (you). However, in many harassment cases, police may contact your family for "verification." If you are worried about safety at home, tell the officer or contact a helpline like **181 (Women Helpline)** first.

4. What if the harasser is using a fake "anonymous" account?

The police can issue a notice to the social media platform (like Meta or X) under **Section 94 of the BNSS** to provide the IP logs, registration email, and phone number of the fake account. Even if the account is "deleted," platforms usually retain data for 180 days as per Indian law.

5. How long does it take for a comment to be removed?

If it is a "Non-Consensual Intimate Image" (NCII) or sexually explicit, the platform must remove it within **24 hours** of reporting under the IT Rules 2021. For general harassment or body-shaming, the Grievance Officer has up to **15 days** to resolve the issue, though they often act faster if you cite the specific law.

6. Can I report anonymously?

The [cybercrime.gov.in](https://cybercrime.gov.in) portal has an option to "Report anonymously" specifically for crimes against women and children (like sharing of private images). However, for a full criminal investigation and FIR, you will eventually need to provide your details so the police can record your statement.

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How to report online body-shaming under BNS Section 79 · HowToHelp