5 Things on WhatsApp and Instagram That Can Land You in an FIR

"It was just a forward." "I only said it in anger." "It was a joke profile." These are some of the most common things people say after a police complaint reaches them over something they did on their phone. Most never imagined that a message or a post could become a criminal case. Under the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Information Technology Act, 2000, several everyday online actions can.

1. Forwarding fake news or rumours that spread fear or hatred

Making, publishing or circulating a statement or rumour, including through electronic means, with intent to cause fear or alarm to the public, or to incite one group against another, is an offence under Section 353 BNS (formerly Section 505 IPC). Promoting enmity between groups on grounds of religion, race, place of birth, language or community is separately punishable under Section 196 BNS (formerly Section 153A IPC). "I only forwarded it" is not automatically a defence, because circulating is itself covered.

2. Threatening messages

A message threatening injury to a person, their reputation or property, or to someone they care about, with intent to cause alarm, can amount to criminal intimidation under Section 351 BNS (formerly Sections 503 and 506 IPC). A threat sent from an anonymous or hidden account attracts a higher punishment. Words typed in anger in a voice note or a chat are still words, and screenshots are easy evidence.

3. Sharing someone's private photos or videos, or morphed images

Capturing, publishing or transmitting an image of a person's private area without consent is an offence under Section 66E of the IT Act. Publishing or transmitting obscene or sexually explicit material electronically is punishable under Sections 67 and 67A. Where the images are of a woman engaged in a private act, disseminating them is voyeurism under Section 77 BNS. Morphed or "deepfake" images can attract these provisions as well as defamation. Consent to take a photo is not consent to share it.

4. Fake profiles in someone else's name

Using another person's identity, photos or credentials to create an account, or to deceive others, can amount to identity theft under Section 66C and cheating by personation using a computer resource under Section 66D of the IT Act, along with cheating by personation under the BNS where someone is deceived. A "prank" profile of a classmate or colleague can turn into a criminal complaint very quickly.

5. Repeatedly messaging a woman who has said no

Following or repeatedly contacting a woman despite a clear indication of disinterest, including by monitoring her use of the internet, email or other electronic communication, is stalking under Section 78 BNS (formerly Section 354D IPC). Persistent DMs, calls from new numbers after being blocked, and creating new accounts to reach her all fall into this pattern.

Two more that people often get wrong

• Defamatory posts and stories. Publishing false statements of fact that harm a person's reputation can be criminal defamation under Section 356 BNS (formerly Sections 499 and 500 IPC). Honest opinion and truth for the public good are recognised exceptions, but naming and shaming someone online without facts is risky.
• Never forward child sexual abuse material, even to "report" it. Publishing or transmitting such material is a grave offence under Section 67B of the IT Act and the POCSO Act, and the Supreme Court has held that even storing it with the intention of sharing can be an offence. Report it on cybercrime.gov.in instead, without forwarding it.

What is not a crime

The law also protects free speech. In Shreya Singhal v. Union of India (2015), the Supreme Court struck down Section 66A of the IT Act, which had criminalised "grossly offensive" or "annoying" online messages. Criticism, disagreement and opinion, even sharp ones, are not offences in themselves. Courts have also held that a WhatsApp group admin is generally not criminally liable for another member's post merely because they are the admin. The line is crossed by threats, deliberate falsehoods that harm others, privacy violations, impersonation and harassment, not by having an opinion.

A simple test before you post or forward

• Do I know this is true?
• Would I say this to the person's face, in front of a police officer?
• Do I have consent to share this photo or video?
• Could this make someone afraid, or turn one group against another?

If an FIR or a police notice does reach you over an online post, do not delete chats or accounts in panic, do not contact the complainant to pressure them, and take legal advice early. See Received a Police Notice Under Section 35(3) BNSS? and Arrested by the Police? 5 Rights Every Person Has. If you are the victim of any of the above, report it on cybercrime.gov.in or by calling 1930.