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What legal action can be taken against fake social media accounts?

16-Jun-2026
Cyber Crime

Answer By law4u team

Legal action can be taken against fake social media accounts in India if they are used for impersonation, cheating, defamation, harassment, fraud, or misuse of identity. Relevant laws: Information Technology Act, 2000 Bharatiya Nyaya Sanhita Possible offences: Identity theft Cheating by impersonation Cyber fraud Defamation Criminal intimidation Publishing obscene or offensive material Stalking or harassment Legal actions that can be taken: File complaint with Cyber Crime Police Station. Lodge FIR with local police. Report fake account directly to the social media platform. Seek removal or blocking of fake profile/content. Claim compensation in appropriate cases. Evidence to preserve: Screenshots of fake profile Messages/chats URLs and usernames Photos or posts used Transaction details if fraud occurred Possible punishment: Imprisonment Fine Both imprisonment and fine depending on seriousness of offence. If fake account damages reputation or privacy, victim may also file: Criminal complaint Civil defamation case Injunction application before court Police may trace offenders through: IP addresses Mobile numbers Email records Device and account investigation.

Answer By Anik

Dear Client, Main provisions for penalization are section 66D of the IT Act that provides punishment for impersonation with help of a communication device or computer system with imprisonment and fine of up to Rs 1 lakh, section 66C of the IT Act that relates to identity theft with respect to fraud through the usage of unique features, and section 318(2) of the BNSS with cheating by personation. When forcing the platform to delete the false account, according to IT intermediary guidelines rule 3(2)(b), social media platforms such as facebook and instagram have a legal obligation to delete the content that is a case of impersonation when notified. Write a formal letter to the platform’s nominated grievance officer in India. With regard to police action, I will suggest that you lodge a complaint in writing against them at the local police station, and at the same time, file a complaint at the cyber crime portal in the country through cybercrime.gov.in with reference to IT Act sections 66C and 66D and BNS section 318. In case police fail to act, then it is advisable to approach the Inspector General of Police (cyber crime) of your state, and in case of necessity, file a writ petition before the High Court under article 226. I hope this helps, and if you have any further issues, do not hesitate to contact us.

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