How to report sexual harassment and cybercrime under BNS and IT Act

1. The Hook

You are scrolling through Reddit or a WhatsApp group and see a post that makes your blood boil. Someone is bragging about a non-consensual act, sharing "leaked" private photos, or threatening a girl with doxxing. Your first instinct is to vent in the comments, wishing for "prison time" or "a beating." But digital rage doesn't lead to justice; evidence and FIRs do. If you want that person to actually face the law, you need to move beyond the keyboard. "Jail or smthg" only happens when you follow the legal playbook to hold them accountable.

2. What the law actually says

Since July 1, 2024, the old Indian Penal Code (IPC) has been replaced by the Bharatiya Nyaya Sanhita (BNS). If you are witnessing or experiencing online harassment, sexual threats, or the sharing of private images, several specific sections apply.

• Sexual Harassment (Section 75 of the BNS): This covers making physical contact and advances involving unwelcome and explicit sexual overtures, or demanding sexual favours. It also includes making sexually coloured remarks. If the harasser is making these comments online, this section is your primary tool.
• Voyeurism (Section 77 of the BNS): If someone captures or publishes the image of a woman engaging in a private act without her consent, they are committing voyeurism. This is the section to use if someone shares private, non-consensual photos or videos in a group chat.
• Stalking (Section 78 of the BNS): This specifically covers monitoring the use by a woman of the internet, email, or any other form of electronic communication. If someone is obsessively following your digital footprint or harassing you across platforms, it is a criminal offence.
• Outraging Modesty (Section 74 of the BNS): This is the broader section for assault or criminal force with the intent to outrage a woman's modesty.
• IT Act, 2000 (Section 67 & 67A): These sections deal with publishing or transmitting obscene or sexually explicit material in electronic form. While the BNS handles the criminal intent against the person, the IT Act specifically targets the digital transmission of the content.

Crucially, Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) (which replaced the CrPC) mandates that the police must register an FIR for cognizable offences. If the crime is committed against a woman, the statement must be recorded by a woman police officer under Section 176 of the BNSS.

You also have the right to file a Zero FIR. Under the Supreme Court's guidelines in Lalita Kumari v. Govt. of U.P. (2014), a police station cannot refuse to register an FIR just because the crime didn't happen in their jurisdiction. They must register it and then transfer it to the relevant station.

3. Step-by-step playbook

Step 1: Preserve the Evidence (Immediate)

Before you call them out or they delete the post/account, you must archive everything. Digital evidence is fragile.

• What to do: Take full-page screenshots. On a PC, use 'Print Screen' or 'GoFullPage' extension. On mobile, ensure the timestamp, the username/handle, and the platform UI are visible.
• Screen Recording: If it is a video or a disappearing message (like on Instagram or Snapchat), use a second phone to record the screen or use a screen recorder app immediately.
• Save URLs: Copy the direct link to the profile and the specific post. Do not rely on just the 'display name' as those can be changed easily.
• Don't Edit: Do not crop or blur the screenshots. The court needs the original, unaltered files.

Step 2: Use the National Cyber Crime Reporting Portal

For online harassment or non-consensual content, this is often faster than going to a physical station.

• What to do: Visit cybercrime.gov.in.
• Selection: Choose "Report Crime Related to Women/Children". You can choose to report anonymously or provide your details (which is better for a stronger case).
• Upload: Upload the screenshots and URLs you saved in Step 1. Provide a detailed description of what happened, including dates and times.
• Timeline: You will receive an acknowledgement number immediately via SMS/Email. A police officer should contact you within 24–72 hours for verification.

Step 3: Filing a Physical FIR (The "Zero FIR" Route)

If the threat is immediate or involves physical safety, go to the nearest police station.

• What to bring: Your ID, two printed copies of the evidence, and a written complaint.
• The Script: "I want to file an FIR under Section 75 and 77 of the BNS for sexual harassment and voyeurism. If this is not your jurisdiction, please register a Zero FIR as per BNSS Section 173."
• Expected Timeline: The FIR should be registered immediately. You are entitled to a free copy of the FIR on the spot.
• If it fails: If the officer refuses, mention the Lalita Kumari judgment. If they still refuse, send your complaint via Registered Post to the Superintendent of Police (SP) or use the Cyber Crime reporting portal.

Step 4: Reporting to the Platform

While the police handle the criminal side, you need the content taken down to prevent further harm.

• What to do: Use the 'Report' button on Reddit, Instagram, or X. For non-consensual intimate images (NCII), use StopNCII.org which works with major platforms to hash and block your images from being uploaded elsewhere.
• Timeline: Platforms usually respond within 24 hours for severe violations like sexual violence.

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

If the police are being slow or the case involves a high-profile harasser, use the NCW's online complaint system.

• What to do: Visit ncwapps.nic.in and file a complaint. They have a dedicated cell for cyber-harassment and can pressure the police to act.

For more detailed steps on dealing with police, check out our guide on How to file an FIR (and what to do if police refuse). If you or someone you know is struggling with the trauma of an incident, please reach out to Mental health helplines (iCall, Vandrevala, NIMHANS). For cases involving minors, immediately contact Childline India: 1098.

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Where it usually breaks

The system looks good on paper, but in a local thana, reality often hits differently. Here is where your plan might stumble and how to push through:

• The "Just Block Him" Dismissal: A Duty Officer might tell you to "just ignore it" or "block the account" to save themselves the paperwork. The Workaround: Politely but firmly cite Section 173 of the BNSS. Remind them that for cognizable offences (like stalking or voyeurism), they are legally mandated to register an FIR. If they refuse, ask for the "General Diary" (GD) entry number where they recorded your visit and their reason for refusal.
• The Jurisdiction Ping-Pong: They might tell you to go to the "Cyber Cell" or the police station where the harasser lives. The Workaround: This is illegal. Under the Supreme Court's directions in Lalita Kumari v. Govt. of U.P. (2014), they must register a Zero FIR. They can transfer the case to the right station later, but they cannot send you away.
• Victim Blaming: You might be asked why you were online late, why you shared a photo, or why you "accepted the request." The Workaround: Stay on script. Your character or habits are irrelevant to the fact that a crime (Stalking under Section 78 or Voyeurism under Section 77 of the BNS) has been committed. If the officer is being hostile, ask to speak with the "Internal Complaints Committee" or the "Women’s Help Desk" (usually present in every major station).
• Portal Stagnation: You filed a report on cybercrime.gov.in but haven't heard back in weeks. The Workaround: The portal provides a "Report Number." Use this to file a grievance on the CPGRAMS (pgportal.gov.in) or the state-specific police grievance portal (like Delhi Police’s 'Public Grievance Monitoring System'). Mention that a cognizable offence has been reported but no FIR has been registered yet.

Templates / script

Script: Talking to the Duty Officer

You: "Namaste, I am here to report a cognizable offence under Section 78 (Stalking) and Section 77 (Voyeurism) of the Bharatiya Nyaya Sanhita. I have the digital evidence printed out." Officer: "Yeh sab toh online hota rehta hai, block kar do." (This keeps happening online, just block them.) You: "Sir/Ma'am, blocking doesn't stop the crime. Under Section 173 of the BNSS and the Lalita Kumari judgment, you are required to register an FIR for these offences. If this station doesn't have jurisdiction, please register a Zero FIR."

Template: Written Complaint to the SHO

(If they refuse to talk, hand over this written letter and get a 'Received' stamp on a photocopy.)

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

Date: 2026-06-07

Subject: Complaint regarding sexual harassment and stalking under BNS and IT Act.

Respected Sir/Ma’am,

I am writing to report a crime committed against me/ [Victim's Name] by the user of the [Platform Name] account [Username/Handle].

Between [Start Date] and [End Date], the accused has:

1. Repeatedly monitored my electronic communication and sent unwelcome messages (Section 78 BNS).
2. Shared/threatened to share private images without consent (Section 77 BNS).
3. Made sexually coloured remarks (Section 75 BNS).

I have attached screenshots of the profile, the specific posts/messages, and the URL of the accused.

I request you to register an FIR under the relevant sections of the BNS and Section 67/67A of the IT Act. As per Section 176 of the BNSS, I request that my statement be recorded by a woman police officer.

Sincerely, [Your Name] [Your Phone Number]

Template: Letter to the SP (If the FIR is refused)

(Send this via Registered Post with Acknowledgement Due if the local station ignores you for more than 48 hours.)

To, The Superintendent of Police / DCP, [District/Zone Name]

Subject: Complaint under Section 173(4) of the BNSS regarding refusal to register FIR.

Respected Sir/Ma’am,

I am writing to bring to your notice that on [Date], I approached [Police Station Name] to report a cognizable offence (Stalking/Voyeurism). However, the SHO refused to register the FIR.

I am enclosing the original complaint and the evidence. I request you to either investigate the matter yourself or direct the registration of an FIR as per Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita.

Sincerely, [Your Name]

FAQs

1. Can I report a crime anonymously? On the National Cyber Crime Reporting Portal (cybercrime.gov.in), you can choose to "Report Anonymously" for crimes involving non-consensual sharing of explicit images (Section 77 BNS). However, for a full criminal prosecution and arrest, the police will eventually need your statement to build a "charge sheet." Anonymous reports are great for getting content taken down quickly.

2. Do I need to pay any fee to file an FIR? No. Filing an FIR is absolutely free. If any officer asks for money for "stationery," "petrol," or "processing," 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.

3. Will the police take my phone or laptop? They might ask for it as "material evidence" to verify the origin of the messages. However, under the Indian Evidence Act (and the new Bharatiya Sakshya Adhiniyam, 2023), you can often provide a "Section 63 Certificate" (earlier Section 65B) which is a self-signed declaration that the printouts/digital copies are authentic. Unless your device is the only source of evidence, you can usually keep it.

4. What if the harasser is in another state or using a fake ID? The police are equipped to send notices to platforms like Meta (Instagram/WhatsApp) or X (Twitter) under Section 94 of the BNSS to get IP addresses and registration details. The location of the harasser doesn't stop the FIR process; the police will coordinate with the relevant state's Cyber Cell once the identity is traced.

5. Can I withdraw the FIR if the harasser apologises? Offences like Stalking (Section 78 BNS) and Voyeurism (Section 77 BNS) are "non-compoundable." This means you cannot legally "withdraw" them just by saying sorry. Once the FIR is filed, only a High Court can quash it. This is why you should only file an FIR when you are sure you want to pursue legal action.

6. How long does it take for the content to be removed? Under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, social media platforms are required to remove non-consensual explicit content within 24 hours of being notified. Once you have your Cyber Crime report number, you can report the post to the platform’s "Grievance Officer" for immediate takedown.