Cyber Stalking Laws in India

Why this matters

With the growth of digital communication, there has been a considerable increase in misuse of cyberspace. One of the most alarming among these is cyber stalking also referred to as internet stalking or online stalking. Cyber stalking means when a person makes unwanted and repetitive tries to contact another individual or monitors them, which might cause fear, emotional distress or intimidation. Cyber stalking is a type of cyber crime which utilises technology to threaten, harass or invade someone’s privacy.

The internet has resulted in many conveniences; however, these advancements have also opened doors to new ways of harassment, which includes cyber stalking. Cyber stalking is a legal, technical and social issue. In 2022, National Crime Records Bureau (NCRB) reported that there were 158 cases of cyber stalking and bullying which included children. In today’s world anyone can become a cyber stalking’s victim. It is essential to know the legal safeguards and raise awareness about the same. 

What is cyber stalking?

When there is repetitive and unwanted monitoring of a group or an individual by some other person, it is known as stalking. When the same thing is done using email, the internet or any other electronic device, it is called cyber stalking. In cyber stalking an individual is specifically targeted due to anger, revenge, obsession or control. Cyber stalking can be of different types, like:

The main objective of cyber stalking is to generate fear. Cyber stalking violates an individual’s right to privacy under Article 21 of the Constitution of India. 

Legal framework governing cyber stalking in India

Provision Section Explanation Punishment
Cyber stalking Section 354D of Indian Penal Code, 1860.Stalking under this provision whether online or physical is considered an offence. It also includes monitoring online activity of the women. Imprisonment for 3 years if the offence is committed for the first time. If it is repeated then 5 years of imprisonment along with fine. 
Sending obscene content through digital platform Section 67 of the Information Technology Act, 2000This section covers transmission or publication  of any obscene content on electronic platforms. Imprisonment for 5 years along with fine for the first time. If the offence is committed again then 10 years plus 2 lakh fine. 
Defamation using obscene posts and commentsSection 509 of Indian Penal Code, 1860Under this section it is an offence to insult modesty of the women using acts, gestures or words and this also includes online messages. Imprisonment up to one 1 year or fine or both. 
Circulation of obscene materialSection 292 of Indian Penal Code, 1860If any person circulates any obscene material whether images or messages it is considered an offence. Imprisonment for 2 years along with fine for the first offence, if repeated then 5 years and fine. 
Criminal Intimidation Section 507 of Indian Penal Code, 1860If there is criminal intimidation using emails or DMs (anonymous communication) then it is considered an offence. Imprisonment for up to 2 years along with the addition of the prior punishment.  
Child pornographySection 67B of Information Technology Act, 2000If any person or group takes part in child pornography (sexual act depictions with minors) and transmits or publishes them. Imprisonment for 5 years plus 10 lakh as fine for the first time, and if repeated again then 7 years of jail and 10 lakh fine. 
Punishment for violation of privacy Section 66E of Information Technology Act, 2000If anyone publishes, captures or transmits any images of private parts without the consent of the party. Jail for up to 3 years plus fine which can be up to 2 lakh. 
VoyeurismSection 354C of Indian Penal Code, 1860It is an offence to capture or watch a woman during any private act.The imprisonment for this offence is 1 to 3 years and fine for the first time and 3 to 7 years if repetitive plus fine. 
Compensation for failure to protect the dataSection 43A of Information Technology Act, 2000If there is an leak of some sensitive data by any companyCompensation to the victim, 

Key case laws in cyber stalking in India

Name of the caseCase details 
Manish Kathuria vs. Ritu Kohli (2001)The first case on cyber stalking in India. The accused was impersonating Ritu and had shared her contact details which led to receiving obscene calls. 
State of Tamil Nadu vs. Suhas Kutti (2024)Obscene content was posted about the divorced female on Yahoo messenger group. The accused was sentenced to 2 years of imprisonment and Rs. 4000 fine. 
State Cyber Cell vs. Yogesh P. Prabhu (2009)A journalist was sent some obscene emails in this case. The accused was arrested and convicted under Section 66E of IT Act, 2000 and Section 509 of IPC. 
The Shilpa Shetty case (2014)The actress was a target of cyber stalking. Fake twitter account was made and defamatory posts were uploaded on the account. The case was investigated by the Mumbai Cyber Cell. The accused was arrested. 
The Malvika Joshi caseA man was stalking Malvika online and was creating fake profiles. These fake profiles were used to send threats. This case played a key role in improving the digital safety of females. 
Divya Sharma case (2020)Threats were sent to the victim when she did not reply to an instagram user. The victim has filed a case with cyber police. The offender’s account was suspended and a penalty was imposed on him. 

Enforcement challenges in cyber stalking laws in India

Despite having well written legislation in India, there are some enforcement challenges in cyber stalking laws in India. The digital world presents many unique challenges. Any person who has access to the internet can commit a cyber crime. This makes it very hard at the time of enforcing the laws and catching the offenders. 

The Information Technology Act, 2000 talks about jurisdiction in Section 46,48,57, and 61. However there is no clarity on cross border cyber stalking cases. Since cyber stalking can happen from anywhere it is crucial to define which jurisdiction will have the power to investigate and punish the offender. 

Section 75 of the Information Technology Act, 2000 states that action can be taken against the individual even if they are not Indian nationals. Under Article 14, the right of equality is given to all. However there are provisions like Section 354D of the Indian Penal Code which exclusively protects only women. Both men and women are targets of cyber stalking and there should be equal protection for them. 

Role of investigative agencies and digital forensics in cyber stalking 

Investigative agencies and digital forensics plays a vital role in chatting the cyber stalker and helps in curbing the cases of cyber stalking. Investigative agencies are crucial when it comes to addressing cyber stalking. The Cyber Crime Cell which are operating in many states are responsible for handling the cyber stalking cases. They carry out investigations, collect evidence, and prosecute the offenders. 

Digital forensics have many advanced tools which help them in tracing online activities, digital footprints, and recovering lost data. The collaboration of digital forensics and investigative agencies ensures that the effective handling of the cyber stalking cases. 

Other remedies for victims under cyber stalking laws

There are many rights and remedies which are provided for the victims under the cyber stalking laws in India. 

Closing thoughts

It is very important to stay safe and informed when it comes to cyber stalking. Cyber stalking always hides behind the screens, however it has a great impact. There is legislation which provides protection in case of cyber stalking, with advancement in technology the laws must also be advanced. One of the strongest points of cyber stalking laws in India is prompt reporting and awareness.

Frequently Asked Questions (FAQs)

How many days does the Indian Cyber Cell take to solve cases?

It generally takes between 10-12 days for a Cyber Cell in India to solve a case.

What is the cyber crime helpline number in India?

The  cyber crime helpline number in India is 1930.

What are the common methods used by cyber stalkers?

  • Repeated Online Contact
  • Monitoring and Surveillance
  • Creating False Accounts
  • Spam and Harassment
  • Sharing Personal Information
  • Cyberbullying
  • Threats and Intimidation

References

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