• Facebook harassment from a fake account possibly living in near locality

In Facebook, some person invited my wife in to a group chat where people were posting sexually explicit videos. photos that included my wive's facebook profile photo. we doubt that someone, who knows us, has done it. Posts were insulting and stressful. my wife was in destress for a few days. we didn't know what to do. we put a complaint in police station. my software engineer friend suggested to lock Facebook account so we did that. forgot about it. the person also deleted his account. Then after a few days, possibly the same person sent more of such messages to my wive from another fake account in messenger app. (apparently there are no way to stop that i guess). 
How can we find the person because we suspect the person lives near by ?
Asked 3 years ago in Criminal Law
Religion: Hindu

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14 Answers

A criminal complaint must be lodged against the account and that person by name immediately with the cyber crime cell.

An FIR should also be lodged.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

-   What happened to that sexual harassment complaint from the neighbour ?

 

-   You have to file the cyber complaint for investigation.

You can give suspects names. 

Once the person will be caught then everything will become fine. 

If police does not help in investigation then private case can be filed.

Until then there is no way to stop it. 

Ankur Goel
Advocate, Bangalore
454 Answers

4.9 on 5.0

The cyber crime cell will find out about that guy through the IP address.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

This is crime for which you can lodge complaint on which basis the local Police or the Cyber Police would register FIR and brings charges under various provisions of IPC and IT Act.

Devajyoti Barman
Advocate, Kolkata
22816 Answers
488 Consultations

5.0 on 5.0

You have already filed police complaint 

 

police would conduct investigations and find the culprits 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7527 Consultations

5.0 on 5.0

Poluce would conduct investigations and file charge sheet against st the culprits 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7527 Consultations

5.0 on 5.0

-  You file Cyber crime complaint, rest you leave on police to trace deleted fake accounts.

Ankur Goel
Advocate, Bangalore
454 Answers

4.9 on 5.0

Section 66A of the IT Act, prohibits the sending of offensive messages though a communication device, i.e. through an online medium.

- This covers, offensive messages of a menacing character, or a message that the sender knows to be false but is sent for the purpose of ‘causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will.

- The person who booked under Section 66A could face up to 3 years of imprisonment along with a fine.

- Since you have already file your compliant , then wait for the response , however you can also lodge a compliant before the cyber crime cell even online . 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

You may have to lodge a criminal complaint with the cyber crime police about it and explain that despite blocking the account the culprit is surfacing by another account and disturbing by sending all such ugly and undesirable messages/photios, to find out the person and initiate proper legal action s per law against him.

The first priority for any victim is to have the images or video removed from the public domain – permanently. Therefore requests must be made to the website(s) hosting the material.

Obtaining injunction from a court of law will prevent the images continuing to be published elsewhere. On June 19, 2015 google search published a policy stating that they would honour the requests of those who have been victims of ‘revenge porn’ and remove nude or sexually explicit images shared without their consent from Google search results.

Section 67 and 67A of the IT act prohibit the publication and distribution of obscene and sexually explicit material respectively,

Section 66E of the same act deal with punishment for violation of privacy, and explicitly forbids capturing, publishing or transmitting ‘the image of a private area of any person without his or her consent’

 

 

T Kalaiselvan
Advocate, Vellore
84895 Answers
2190 Consultations

5.0 on 5.0

Cyber-crime cells have been set up in all states and Union territories for reporting and investigation of cyber-crime cases.

The amended 354(C) of the Criminal Law (Amended) Act 2013, also known as the ‘’Voyeurism Section’’, criminalises capturing and sharing images of a woman in private space.

The IT act lays down an extensive set of laws and covers the crime extensively and deals with punishment comprising of imprisonment which may extend to 5 years and fine up to 2 lac rupees or with both in certain cases. These are watertight laws, strong enough to book offenders and also protect victim’s identity.

When a victim files a complaint, cognizance is definitely taken. Charges depend on what kinds of pictures are shared and sentence can range from 1 to 3 years with bail, if convicted. Criminal charges can be filed under section 504 and 506 of IPC.

Such acts are a breach of privacy so you cannot be calm and cool about it.

you do have a legal recourse if someone posts graphic image of you without your consent. Law exists to support victims and you just have to remember that in case you become one, DON’T BACK DOWN.

T Kalaiselvan
Advocate, Vellore
84895 Answers
2190 Consultations

5.0 on 5.0

1. Address a complaint to the jurisdictional police station.

2. FIR is liable to be registered against the offender under Section 354, 323 IPC and relevant provisions of IT Act. 2000.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Sir,

1) When the creation of a fake Facebook profile is accompanied by the events described by you, You can file complaint under these sections-

Section 354A (Sexual harassment and punishment for sexual harassment), Section 354D (Stalking), Section 499 read with Section 500 (Defamation and Punishment for defamation), Section 507 (Criminal intimidation by an anonymous communication) and Section 509 (Word, gesture or act intended to insult the modesty of a woman) of IPC, 66 A It Act

2) You can file a cyber complaint at the cyber crime cell of your city.

3) You can  also file a First Information Report (FIR) at the local police station.

4) In case your complaint is not accepted there, you can approach the Commissioner or the city’s Judicial Magistrate.

5) Unfortunately there is no way to find and stop this guy from continuing such harassment unless police do inquiry and take action.

6) Keep collecting all evidence as you have been in support of your case.

7) Reach out to police and ask what is update on your complaint.

Thank you

 

 

 

Anik Miu
Advocate, Bangalore
8854 Answers
110 Consultations

4.7 on 5.0

Hey,

You can immediately approach the cyber crime cell and they will figure out who the person is based on the IP address of the account given the infrastructure they have and the culprits will be booked. 

Sanjay Narayandas
Advocate, Hyderabad
103 Answers

5.0 on 5.0

Has any FIR been lodged against the offender till date?

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

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