Can someone be punished for creating a fake social media profile?

Yes, creating a fake social media profile using someone else's name and photographs is a punishable offence under Indian law. The person responsible can face criminal prosecution and civil liability. If you are a victim, you have several legal remedies available to you.

Key points

• Impersonating someone online by creating a fake profile in their name is a recognised cybercrime in India.
• Using another person's photographs without consent may also amount to a violation of their privacy and dignity.
• If the fake profile is used to defame, harass, or defraud others, the offence becomes more serious and additional charges may apply.
• Both criminal complaints and civil suits for damages are possible remedies.

Relevant law

The primary law that applies is Section 66D of the Information Technology Act, 2000, which punishes cheating by impersonation using computer resources, with imprisonment up to three years and a fine. Section 67 of the IT Act may apply if obscene material is involved. Under the Bharatiya Nyaya Sanhita (BNS), 2023, Section 318 covers cheating and Section 356 covers criminal defamation, both of which may be relevant if the fake profile is used to deceive or damage your reputation. Section 77 of the BNS addresses acts intended to insult the modesty or privacy of a person.

What you can do

• File a complaint online through the National Cyber Crime Reporting Portal at cybercrime.gov.in, which is specifically designed for such offences.
• Visit the Cyber Crime Police Station in Hyderabad or your nearest police station to register a formal First Information Report (FIR).
• Report and request removal of the fake profile directly to the social media platform using their built-in reporting tools, as platforms are required to act on such complaints.
• Consult a lawyer experienced in cyber law to explore filing a civil suit for damages to your reputation and privacy.