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| + | ====== Cyberbullying Complaint Guide India (2026) ====== | ||
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| + | <WRAP center round info 95%> | ||
| + | **Quick Reply:** File cyberbullying complaints in India 2026: BNS sections, police portal steps, evidence collection, NCPCR escalation, and digital arrest tactics. | ||
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| + | Consider a 16-year-old from Pune who discovers morphed photographs of herself circulating on Instagram with sexually explicit captions. Classmates forward screenshots; | ||
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| + | > **Citizen Crisis Response Network** | ||
| + | > | ||
| + | > Cyberbullying, | ||
| + | |||
| + | ===== Direct answer (featured snippet) ===== | ||
| + | |||
| + | To file a cyberbullying complaint in India in 2026: (1) Screenshot all messages, URLs, sender profiles with timestamps; (2) lodge a zero-FIR at the nearest police station or report online via https:// | ||
| + | |||
| + | ===== In this guide ===== | ||
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| + | * [[#What qualifies as cyberbullying under Indian law 2026]] | ||
| + | * [[#BNS, 2023 sections applicable to online harassment]] | ||
| + | * [[# | ||
| + | * [[#Evidence collection and chain-of-custody rules]] | ||
| + | * [[#Police jurisdiction and zero-FIR rights]] | ||
| + | * [[#Platform takedown requests under IT Rules 2021]] | ||
| + | * [[#NCPCR escalation for child victims]] | ||
| + | * [[#Digital arrest and fake cyber-police scams]] | ||
| + | * [[# | ||
| + | * [[#Myth vs reality in cyberbullying cases]] | ||
| + | * [[#Sample cyberbullying FIR text]] | ||
| + | * [[#FAQ]] | ||
| + | |||
| + | ===== What qualifies as cyberbullying under Indian law 2026 ===== | ||
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| + | Cyberbullying lacks a standalone statutory definition in India; instead, it triggers multiple penal provisions under the Bharatiya Nyaya Sanhita 2023 (BNS), the IT Act 2000, and the Protection of Children from Sexual Offences Act 2012 (POCSO) when the victim is a minor. Cyberbullying encompasses repeated harassment via electronic communication—texts, | ||
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| + | **Threshold elements courts examine:** | ||
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| + | - **Intentionality**: | ||
| + | - **Repetition or severity**: A single vulgar comment is harassment; daily tags, share-chains, | ||
| + | - **Power imbalance or target vulnerability**: | ||
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| + | In //Shreya Singhal v. Union of India// (2015) 5 SCC 1, the Supreme Court struck down Section 66A of the IT Act 2000 for vagueness but left intact Section 67 (obscene electronic material) and Section 67A (sexually explicit content), both of which are invoked in cyberbullying prosecutions alongside BNS provisions. Practically, | ||
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| + | > **Most citizens miss this** — Police often dismiss cyberbullying as " | ||
| + | |||
| + | ===== BNS, 2023 sections applicable to online harassment ===== | ||
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| + | The Bharatiya Nyaya Sanhita 2023 replaced the Indian Penal Code 1860 with effect from 1 July 2024; complaints relating to conduct on or after that date cite **BNS sections**: | ||
| + | |||
| + | ^ BNS Section ^ Offence ^ Punishment ^ Cyberbullying Application ^ | ||
| + | | **Section 78** | Stalking (including electronic contact despite clear refusal) | First conviction up to 3 years + fine; subsequent conviction up to 5 years + fine | Repeated Instagram DMs, WhatsApp messages after blocking | | ||
| + | | **Section 79** | Word, gesture or act intended to insult the modesty of a woman | Up to 3 years + fine | Sexually explicit comments on photos, lewd memes targeting the victim | | ||
| + | | **Section 351(2)** | Criminal intimidation | Up to 2 years, or fine, or both | " | ||
| + | | **Section 351(3)** | Criminal intimidation by threat to cause death or grievous hurt, or to impute unchastity to a woman | Up to 7 years, or fine, or both | A threat to kill or to defame, sent via electronic communication | | ||
| + | | **Section 356** | Defamation | Up to 2 years, or fine, or community service, or both | False allegations posted on Facebook to harm reputation | | ||
| + | |||
| + | **Additional statutes triggered: | ||
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| + | * **IT Act 2000 Section 67**: Publishing/ | ||
| + | * **IT Act 2000 Section 67A**: Publishing/ | ||
| + | * **POCSO Act 2012 Section 11/12**: Sexual harassment of a child (up to 3 years + fine where the victim is under 18). | ||
| + | * **POCSO Act 2012 Section 13/14**: Use of a child for pornographic purposes (imprisonment of at least 5 years + fine, with higher punishment on repeat conviction). | ||
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| + | > **Do this immediately** — When drafting your FIR, list **all applicable sections** (BNS + IT Act + POCSO if a minor is involved). Omitting a section at the FIR stage can weaken the prosecution later, so set out every provision that fits the facts. | ||
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| + | For the full text of the RTI Act and how to use information requests to track your complaint, see https:// | ||
| + | |||
| + | ===== Step-by-step complaint filing on cybercrime.gov.in portal ===== | ||
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| + | The **National Cyber Crime Reporting Portal** (https:// | ||
| + | |||
| + | **Filing workflow:** | ||
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| + | - **Step 1**: Navigate to https:// | ||
| + | - **Step 2**: Register using mobile OTP; provide an ID proof (Aadhaar, Voter ID, or Driving Licence). | ||
| + | - **Step 3**: Select the offence category, e.g. "Cyber Bullying / Stalking / Sexting" | ||
| + | - **Step 4**: Enter incident details: | ||
| + | * Date-time of first occurrence and most recent instance. | ||
| + | * Social-media platform(s): | ||
| + | * Suspect details: username, profile URL, mobile number if known (" | ||
| + | * Incident description: | ||
| + | - **Step 5**: Upload evidence (image, PDF or video; follow the size/format limits shown on the portal): | ||
| + | * Screenshots with visible timestamps, sender names, and platform UI (do NOT crop excessively). | ||
| + | * Screen-recordings of ephemeral content (Snapchat, Instagram Stories). | ||
| + | * Email headers (in Gmail: "Show original" | ||
| + | * Bank/UPI statements if an extortion payment was demanded. | ||
| + | - **Step 6**: Submit and note the **acknowledgment number**. The portal sends a PDF receipt to your registered email. | ||
| + | - **Step 7**: The portal forwards the complaint to the jurisdictional Cyber Police Station, and you receive updates by SMS/email. | ||
| + | |||
| + | **Parallel physical complaint: | ||
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| + | > **Citizen tip** — Take a printout of the cybercrime.gov.in acknowledgment PDF when visiting a police station. A documented audit trail makes it harder for officers to dismiss the complaint as "not serious" | ||
| + | |||
| + | ===== Evidence collection and chain-of-custody rules ===== | ||
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| + | Cyberbullying prosecutions can collapse when electronic evidence is inadmissible. Since 1 July 2024, the admissibility of electronic records is governed by the **Bharatiya Sakshya Adhiniyam 2023 (BSA), Section 63**, which replaced Section 65B of the Indian Evidence Act 1872. The Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) governs investigation and seizure. | ||
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| + | **Admissibility checklist (BSA 2023 Section 63):** | ||
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| + | - **Section 63 certificate**: | ||
| + | - **Metadata preservation**: | ||
| + | - **Chain of custody**: Log every transfer—victim' | ||
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| + | **Step-by-step evidence capture:** | ||
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| + | - **Do NOT delete messages or deactivate accounts** even after filing a complaint; courts may need live verification. | ||
| + | - **Screenshots**: | ||
| + | - **URLs**: Use https:// | ||
| + | - **Witness statements**: | ||
| + | - **Platform preservation requests**: Email the platform' | ||
| + | |||
| + | > **Warning** — Morphed images can attract **more than one offence**: defamation (BNS Section 356) and IT Act Section 67 (obscene material). Cite each applicable provision in your complaint; forensic analysis showing that an image was morphed is valuable corroboration. | ||
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| + | For parallel evidence-handling guidance and citizen escalation workflows, see https:// | ||
| + | |||
| + | ===== Police jurisdiction and zero-FIR rights ===== | ||
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| + | Cyberbullying complaints raise jurisdictional questions: the offence may originate where the content was uploaded (often unknown), where the victim accessed it, or where the harm occurred (victim' | ||
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| + | **Zero-FIR rights:** | ||
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| + | - Under //Lalita Kumari//, registration of an FIR is **mandatory** when the information discloses a cognizable offence; police cannot refuse on territorial-jurisdiction grounds. | ||
| + | - The station records the FIR (a " | ||
| + | - If a station refuses to register a cognizable complaint, note the officer' | ||
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| + | **Determining jurisdiction: | ||
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| + | - **Where the offence was committed**: | ||
| + | - **Where the accused resides**: if known. | ||
| + | - **Where the consequence occurred**: the victim' | ||
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| + | **Cyber Cell contact:** | ||
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| + | Most State Police forces operate dedicated Cyber Crime Police Stations; check your State Police website for the local cell and its contact details. Escalate stalled investigations to that cell and to the Superintendent of Police (Cyber Cell). | ||
| + | |||
| + | > **Trust signal** — The Ministry of Home Affairs and I4C publish cybercrime guidance and statistics on https:// | ||
| + | |||
| + | ===== Platform takedown requests under IT Rules 2021 ===== | ||
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| + | The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 impose **due-diligence obligations** on social-media intermediaries. Rule 3(1)(b) requires intermediaries to make reasonable efforts to prevent unlawful content and to **remove or disable access** to content on receiving a court order or a notification by the appropriate government or its agency. The Rules also require platforms to act on certain complaints within fixed timelines—particularly for non-consensual intimate imagery and content depicting nudity—and to publish a Grievance Officer for India. | ||
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| + | **How to trigger takedowns: | ||
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| + | - **In-app reporting**: | ||
| + | - **Legal escalation**: | ||
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| + | < | ||
| + | Subject: Urgent Takedown Request - Cyberbullying / Non-Consensual Intimate Images - FIR No. [XXX] | ||
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| + | To: Grievance Officer, [Platform Name] | ||
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| + | Date: [DD/ | ||
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| + | I, [Your Name], resident of [Address], have filed FIR No. [XXXX] dated [DD/ | ||
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| + | The following URLs contain morphed obscene images / defamatory content / threat messages, which I request be removed under the IT Rules 2021: | ||
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| + | 1. [Full URL] | ||
| + | 2. [Full URL] | ||
| + | 3. [Full URL] | ||
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| + | I request immediate removal and disclosure of account registration details (IP address, mobile number, email) to the investigating officer [IO Name, Badge No.] at [Police Station Email]. | ||
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| + | Attached: FIR copy, screenshots with timestamps, and my ID for verification. | ||
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| + | [Your Signature] | ||
| + | [Contact: Mobile, Email] | ||
| + | </ | ||
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| + | - **Government notification route**: Ask the investigating officer to issue a takedown notice to the platform under the IT Rules 2021 via official police email. A lawful order/ | ||
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| + | > **Most citizens miss this** — Platforms generally prioritise government/ | ||
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| + | ===== NCPCR escalation for child victims ===== | ||
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| + | When the victim is under 18, the **National Commission for Protection of Child Rights (NCPCR)** (https:// | ||
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| + | **NCPCR intervention triggers:** | ||
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| + | - A cyberbullying complaint is filed but police refuse to register an FIR (note that POCSO Act 2012 Section 19 imposes a mandatory-reporting obligation). | ||
| + | - School administration retaliates against the victim (suspension, | ||
| + | - A platform refuses to remove content despite POCSO Act violations. | ||
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| + | **Complaint procedure: | ||
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| + | - File a complaint through the NCPCR website https:// | ||
| + | - Subject: "POCSO Act Violation + Delayed Police Action - [District]" | ||
| + | - Attach: a copy of the cybercrime.gov.in acknowledgment, | ||
| + | - NCPCR can direct the State Commission for Protection of Child Rights (SCPCR) to coordinate with police and can seek explanations from senior officers. | ||
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| + | > **Do this immediately** — If your child is the victim, **do not delay** NCPCR escalation. File parallel complaints (cybercrime.gov.in + NCPCR + police station) the same day; redundancy improves the chance one pathway succeeds. | ||
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| + | For NCPCR complaint templates and citizen advocacy strategies, visit https:// | ||
| + | |||
| + | ===== Digital arrest and fake cyber-police scams ===== | ||
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| + | Alongside genuine cyberbullying complaints, " | ||
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| + | **Red flags distinguishing a scam from genuine police contact:** | ||
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| + | ^ Genuine Cyber Police ^ Digital Arrest Scam ^ | ||
| + | | Sends written summons on letterhead with a station seal, or email from an official .gov.in domain | WhatsApp/ | ||
| + | | Provides a badge number, station address, and verifiable FIR number | Refuses to share a badge number; threatens that "your case will become public if you verify" | ||
| + | | Never demands immediate payment; lawful fines are paid via official challan to the government treasury | Demands UPI/bank transfer to " | ||
| + | | Allows you to visit the station physically and to consult a lawyer | Insists on a long video call; tells you to stay alone and not inform family | | ||
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| + | **If you receive a digital arrest call:** | ||
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| + | - Disconnect immediately; | ||
| + | - File a complaint on cybercrime.gov.in (or call 1930) under " | ||
| + | - Block the caller and report the WhatsApp account. | ||
| + | - Independently verify any claim against you through official channels; never rely on details supplied by the caller. | ||
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| + | > **Warning** — Never transfer money during a video call claiming to be the police. No genuine law-enforcement officer asks for payment via UPI to "prove innocence" | ||
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| + | ===== Sextortion complaint procedure ===== | ||
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| + | Sextortion—extortion using nude/ | ||
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| + | **Emergency response (first 24 hours):** | ||
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| + | - **Do NOT pay** the extortionist; | ||
| + | - **Preserve evidence**: screenshot demands (including any wallet addresses or UPI IDs), the content threatened (if already in your possession), | ||
| + | - File a cybercrime.gov.in complaint selecting the relevant obscene-content category, and lodge a parallel FIR at the nearest police station. | ||
| + | - Ask the investigating officer to seek **freezing of the extortionist' | ||
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| + | **Platform-specific actions:** | ||
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| + | - Instagram/ | ||
| + | - WhatsApp: report the account from within the app and forward the abusive messages to the platform' | ||
| + | - Email: forward phishing/ | ||
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| + | **Medical and legal support:** | ||
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| + | - Consult a psychiatrist/ | ||
| + | - Engage a lawyer; District Legal Services Authorities (DLSA) offer **free legal aid** to eligible victims (apply via https:// | ||
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| + | **Compensation: | ||
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| + | > **Trust signal** — The national cybercrime helpline **1930** (toll-free), | ||
| + | |||
| + | ===== Myth vs reality in cyberbullying cases ===== | ||
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| + | ^ Myth ^ Reality ^ | ||
| + | | " | ||
| + | | " | ||
| + | | "If I deactivate my account, the case closes." | ||
| + | | " | ||
| + | | " | ||
| + | | "Only famous people win cyberbullying cases." | ||
| + | |||
| + | ===== Sample cyberbullying FIR text ===== | ||
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| + | Below is a template adaptable to your situation. Fill the bracketed placeholders; | ||
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| + | < | ||
| + | To, | ||
| + | The Station House Officer, | ||
| + | [Police Station Name], | ||
| + | [District, State - PIN] | ||
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| + | Date: [DD/ | ||
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| + | Subject: FIR against unknown offender(s) for cyberbullying, | ||
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| + | Respected Sir/Madam, | ||
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| + | I, [Your Full Name], aged [XX] years, residing at [Full Address with PIN], holding ID proof [type and masked number, copy attached], hereby lodge this complaint against unknown offender(s) under the following provisions: | ||
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| + | 1. Bharatiya Nyaya Sanhita 2023 Section 78 (Stalking, including electronic communication) | ||
| + | 2. Bharatiya Nyaya Sanhita 2023 Section 79 (Word/ | ||
| + | 3. Bharatiya Nyaya Sanhita 2023 Section 351 (Criminal intimidation) | ||
| + | 4. Information Technology Act 2000 Section 67 (Publishing obscene material in electronic form) | ||
| + | [If victim under 18: 5. POCSO Act 2012 Section 11/12 (Sexual harassment of a child)] | ||
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| + | FACTS OF THE CASE: | ||
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| + | On [DD/ | ||
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| + | Between [Start Date] and [End Date], the accused: | ||
| + | - Sent repeated threatening messages via WhatsApp (screenshots attached as Annexure A). | ||
| + | - Created a fake account " | ||
| + | - Forwarded obscene content to my college/ | ||
| + | - Demanded ₹[Amount] via UPI ID [xyz@oksbi], | ||
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| + | I have suffered anxiety, sleeplessness and distress; I consulted [Dr. Name], [Hospital], who has documented the same (medical certificate attached as Annexure E). | ||
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| + | EVIDENCE SUBMITTED: | ||
| + | 1. Screenshots with timestamps (Annexure A-D) | ||
| + | 2. Screen recording of the relevant content (on USB drive) | ||
| + | 3. Email headers showing the sender details (Annexure F) | ||
| + | 4. Forensic morph-detection report, if obtained (Annexure C) | ||
| + | 5. Medical certificate (Annexure E) | ||
| + | 6. Witness statement from [Name], who received forwarded content (Annexure G) | ||
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| + | PRAYER: | ||
| + | I request your good office to: | ||
| + | - Register an FIR under the above sections. | ||
| + | - Issue a takedown notice to [Platform Name]' | ||
| + | - Conduct forensic imaging of my [mobile phone model] (I undertake to produce the device as-is; IMEI [number]). | ||
| + | - Trace and proceed against the accused through digital forensics (IP logs, SIM registration, | ||
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| + | I affirm that the above facts are true to the best of my knowledge. | ||
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| + | [Your Signature] | ||
| + | [Name in BLOCK LETTERS] | ||
| + | Contact: [Mobile], [Email] | ||
| + | |||
| + | Enclosures: [List Annexures A-G] | ||
| + | </ | ||
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| + | > **Citizen tip** — Police often ask complainants to "write a simple application" | ||
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| + | ===== FAQ ===== | ||
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| + | ==== Can I file a cyberbullying complaint anonymously? | ||
| + | |||
| + | Generally, no—FIR registration and the cybercrime.gov.in portal require complainant identity (an ID proof) for an FIR. However, a victim' | ||
| + | |||
| + | ==== How long does a cyberbullying investigation take? ==== | ||
| + | |||
| + | There is no single fixed deadline; timelines depend on the offence and the complexity of tracing an anonymous accused. Under the BNSS 2023, the investigating officer is required to keep the informant/ | ||
| + | |||
| + | ==== What if the bully is abroad or using a foreign number? ==== | ||
| + | |||
| + | IT Act 2000 Section 75 provides for **extraterritorial application**: | ||
| + | |||
| + | ==== Can I sue the bully for monetary damages separately? ==== | ||
| + | |||
| + | Yes. You can file a **civil defamation suit** seeking damages and an injunction against further publication in the appropriate civil court. Civil and criminal proceedings run independently; | ||
| + | |||
| + | ==== What happens if I accidentally delete evidence before filing a complaint? ==== | ||
| + | |||
| + | Deleted data may still be recoverable. Immediately stop using the device to prevent data being overwritten, | ||
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| + | {{tag> | ||