Abstract
With the expansion of social media and many other unknown platforms, online harassment is becoming an important part of sexual violence. Even after we have many laws with us like Bhartiya Nyaya Sanhita, 2023 and Information Technology Act,2000, commonly known as I T Act of 2000, then also the online security of women is ineffective and scattered.
Through this abstract, I would like to underline those differences, which on one hand the rapid rise in cyber-stocking, image morphing, and sharing intimated photographs on internet and social media without consent is taking place and at the same time, on the other hand, slow adaptability of the criminal laws. Prior researches may have centralized their study either on the interpretation of Information Technology Act, 2000 or security of women, but the study does not entertain those contradictory laws which disrupt the prosecution and the victim protection.
Key Forms of Online Harassment Discussed
- Cyber-stocking
- Image morphing
- Sharing intimated photographs on internet and social media without consent
- Gender-based digital harassment
This paper analyzes statutory texts, case laws and government reports through the theoretical and feminist perspective. We can clearly look over here that the overlapping provisions of Information Technology Act, 2000 and Bhartiya Nyaya Sanhita, 2023 creates ambiguity, and evaluates judicial responses to complaints of online harassment.
Overlapping Legal Framework
| Law | Year | Purpose | Issue Highlighted |
|---|---|---|---|
| Information Technology Act | 2000 | Regulates digital and electronic activities | Overlaps with criminal provisions |
| Bhartiya Nyaya Sanhita | 2023 | Modern criminal law replacing IPC | Ambiguity when applied to cyber offences |
The study concludes that current criminal laws may punish only few of all offences, but extensive definition, speedy remedies and adequate safeguards are absent that affects the victims and their rights in many aspects. In conclusion, I can say that for the insured security of women, it becomes important that there should be clear and accurate definitions and gender sensitive evidence standards to be added wherever needed.
Introduction
The emergence of the internet has changed the way individuals interact, communicate and express themselves. Digital spaces have enabled new possibilities but at the same time they have exposed women to a level of online harassment. Gender-based digital abuse has turned into cyberstalking, image morphing, unauthorized sharing of intimate images, impersonation, blackmail, and sexualized trolling.
Types of Gender-Based Digital Abuse
- Cyberstalking
- Image morphing
- Unauthorized sharing of intimate images
- Impersonation
- Blackmail
- Sexualized trolling
Such online crimes are not simply Internet crimes, but have profound emotional, social, and psychological impacts. Most women experience anxiety, isolation, the fear of physical safety, reputational damage, and trauma.
India has reacted to cyber crimes by enacting various legislations at various instances. The first significant law to discuss online activity was the Information Technology Act, 2000 (IT Act), and the common criminal offenses were to be managed by the Indian Penal Code, and since 2023, by the Bhartiya Nyaya Sanhita (BNS). But the technology developed at a much greater rate than the criminal law structure.
Evolution of the Legal Framework
| Legal Framework | Period | Purpose |
|---|---|---|
| Information Technology Act | 2000 | Regulation of cyber activities and digital offences |
| Indian Penal Code | Before 2023 | General criminal offences including harassment |
| Bhartiya Nyaya Sanhita | Since 2023 | Modernized criminal code replacing IPC |
The disjointed and overlapping characteristic of the laws has created confusion between the police, prosecutors and courts. In a lot of instances, the victim is caught in between the provisions of the IT Act and those of BNS, but there is no idea of which law should be taken into consideration.
Women are not just cyber harassed over the internet but it is a gender justice problem. The difference in how women perceive online space is caused by the presence of power structures and the gendered vulnerability. The feminist perspective states that the legal system should recognize these facts and act sensitively, clearly, and promptly.
Systemic Legal Challenges
- Lack of uniform legal definitions
- Absence of specialized legal processes
- Slow response mechanisms
- Lack of gender-sensitive evidentiary practices
However, the current criminal law system is not based on uniform definitions, specialized processes, rapid action mechanisms and feminine evidentiary practices. In this research paper, the author assesses the treatment of online harassment of women by the Indian criminal law, weaknesses in the system, and how inconsistent application leads to failure in justice.
It also evaluates the conflicts in IT Act clauses and BNS clauses and examines the case legislation and official reports demonstrating the systemic issues. Lastly, the paper provides explicit policy recommendations that would ensure that the disjunction between the legal theory and the lived reality of victims.
Research Methodology
This study uses a qualitative research methodology, relying on statutory analysis, judicial decisions, government reports, feminist legal theory, and academic literature. The method is descriptive, analytical, and interpretative in nature.
Sources Of Data
Primary Sources
| Source Type | Details |
|---|---|
| Statutory Laws | Information Technology Act, 2000 Bhartiya Nyaya Sanhita, 2023 |
| Judicial Decisions | Judicial decisions from the Supreme Court and High Courts |
| Government Reports | Reports from the Parliamentary Standing Committee on Home Affairs Ministry of Women and Child Development reports |
| Official Crime Data | National Crime Records Bureau (NCRB) crime data |
Secondary Sources
- Academic journal articles on cyber law and gender studies
- Research papers published by universities and national law institutes
- Books on cybercrime, criminal law reforms, and feminist jurisprudence
- Articles from credible newspapers and online legal platforms
Research Approach
Doctrinal Method
This method is employed to evaluate both statutory texts and the interpretation of the statutes by the courts and how they contradict each other in two sets of legal texts (IT Act and BNS). The analysis of the doctrine aids in the identification of undefined terms, procedural ambiguities as well as inconsistencies in punishment.
Feminist Legal Perspective
The paper describes the online harassment as not only a technical crime but a crime that is gender-based. Feminist jurisprudence assists in the analysis of the inability of legal regimes to comprehend the harm regarding women experience of life.
Comparative Content Review
The UK, EU and United States reports were briefly examined to learn how the jurisdictions define the offence of such a form as revenge pornography or deepfake abuse.
Limitations Of Methodology
- The statistics of cybercrime are normally underreported.
- Numerous High Court rulings have been stored away or not well publicized.
- Qualitative insights are inhibited by the social stigma that cannot allow the victims to be open in their conversations.
Despite these drawbacks, the study design offers a valid and humanistic explanatory insight into the subject of women being subjected to online harassment and failure of the Indian criminal law system.
Literature Review
Studies about cyber harassment of women in India are based on legal studies, gender studies, criminology, and communication studies. The themes that come out in literature include:
Intersecting Legal Provisions and Imprecise Definitions
A number of researchers indicate that there is confusion in the legal framework of India. IT Act was written in the year 2000 and the main aim of developing it was to encourage e-commerce and to identify electronic records and not to curb gender based cyber offences. Other offences that include online harassment like obscenity, defamation or impersonation are included under both IT Act and IPC/BNS, except with varying wording and varying standards of evidence.
The studies by Apar Gupta (Internet Freedom Foundation) and Pavan Duggal (cyber law scholar) indicate that police usually submit the incorrect sections because they are not guided. Another point that courts also disagree on is whether crimes such as morphing are to be charged under section 66E of the IT act, criminal intimidation provisions under BNS or a combination of both.
| Issue | Description |
|---|---|
| Outdated IT Act Objective | Originally created to promote e-commerce and recognize electronic records rather than address cyber harassment. |
| Overlapping Legal Provisions | Offences such as obscenity, impersonation, and defamation appear in both the IT Act and IPC/BNS. |
| Different Standards of Evidence | Each statute requires different evidentiary standards, causing legal confusion. |
| Police Filing Errors | Incorrect sections are often applied due to lack of clear guidance. |
Feminist Studies of Online Gendered Violence
Research by Nisha Srivastava, Kalpana Viswanath and reports by UN Women indicate that online harassment of women is a continuation of gender-based patriarchy in real-life. Women are commonly attacked over demanding opinions, dressing, or refusing to be looked into by the males. The violence is not physical, but the damage is so physical, emotional, and social. The authors of feminism believe that online spaces recreate gender hierarchies that are present in real life and hence new legislation needs to address gender sensitive definitions and protective processes.
- Online harassment reflects existing patriarchal power structures.
- Women are often targeted for expressing opinions or asserting autonomy.
- Emotional, psychological, and social harm can be as severe as physical harm.
- Scholars argue for gender-sensitive legal definitions and protection mechanisms.
Judicial Interpretations and Their Gaps
Case – Shreya Singhal v. Union of India (2015)
The Supreme Court struck down Section 66A of the IT Act as unconstitutional, citing vague and broad definitions. This strengthened free expression but left a vacuum because no replacement provision specifically addressed cyber harassment with gendered dimensions.
Case – State of West Bengal v. Animesh Boxi (2018)
In one of India’s first convictions for revenge pornography, the court recognized the seriousness of digital sexual abuse. However, the prosecution had to apply a mix of IT Act and IPC provisions, showing gaps in clear legislative wording.
| Case | Key Observation | Legal Significance |
|---|---|---|
| Shreya Singhal v. Union of India (2015) | Section 66A struck down due to vagueness | Strengthened free speech but created a gap in cyber harassment law |
| State of West Bengal v. Animesh Boxi (2018) | Conviction for revenge pornography | Demonstrated seriousness of digital sexual abuse but exposed legislative gaps |
Government and Committee Reports
NCRB Crime Data Reports
According to the reports of NCRB, cybercrime is steadily growing, and women constitute a huge percentage of victims in instances of sexual exploitation, stalking, or blackmail. However, the conviction rate is low, which means that investigation is weak and there are delays during the procedural process.
Parliamentary Standing Committee on IT (2021)
According to the observations of the committee, India should have a better definition of such offences as deepfake abuse, image-based sexual exploitation, doxxing, and cyberstalking.
National Cyber Crime Reporting Portal Review
Victims report multiple issues: delays, unresponsive portals, lack of acknowledgment, and incomplete investigation.
- Delayed complaint processing
- Unresponsive reporting portals
- Lack of acknowledgement of complaints
- Incomplete investigations
Academic Studies on Enforcement Challenges
Research papers from NLU Delhi, NLSIU Bangalore, and JNU emphasize that mismatch between BNS provisions and IT Act provisions causes confusion, as both legislations deal with similar offences but in different ways. Scholars argue that India needs a consolidated and modern cyber harassment law that considers the specific realities faced by women.
| Institution | Key Observation |
|---|---|
| NLU Delhi | Highlights enforcement gaps between cyber laws and criminal law provisions. |
| NLSIU Bangalore | Points out inconsistencies in applying BNS and IT Act provisions. |
| JNU | Advocates for a unified and modern cyber harassment legislation. |
Conclusion
The study clearly shows that online harassment against women in India is increasing rapidly, while legal protections remain slow, confusing, and fragmented. The technological landscape has changed drastically, but the criminal law framework has not evolved with the same pace. Women face unique and gendered forms of online harm—stalking, sextortion, deepfake abuse, non-consensual sharing of images, impersonation, and targeted online sexual comments—and yet, the laws addressing these harms lack uniformity and clarity.
The overlapping nature of the Information Technology Act, 2000 and the Bhartiya Nyaya Sanhita, 2023 creates significant prosecutorial difficulties. Police often struggle to decide which law applies. Definitions of offences in both statutes are narrow, outdated, or inconsistent. Some harms are not criminalized at all, such as deepfake-based sexual abuse. Evidence standards are not gender-sensitive, causing further trauma to victims.
Judicial interpretation shows progressive intent but cannot compensate for legislative vagueness. Courts frequently rely on combinations of provisions to fit digital offences into traditional legal frameworks, leading to inconsistent outcomes.
Victims experience real emotional, psychological, reputational, and social harm. Yet, they face barriers at every stage—filing complaints, having evidence recognized, ensuring timely investigation, and receiving justice. Many victims withdraw complaints due to fear, stigma, or slow legal processes.
To ensure meaningful protection for women, India must move towards clearer and more inclusive legal definitions, fast-track complaint mechanisms, trained cyber police units, gender-sensitive evidence rules, and coordinated digital safety policies. Law must reflect the lived experiences of women, not outdated assumptions about technology or crime. Only a modern, unified, and gender-aware cyber harassment law can ensure real safety for women in the digital world.
References
- The Information Technology Act, 2000
(https://www.meity.gov) - Bhartiya Nyaya Sanhita, 2023
(https://www.mha.gov.in) - National Crime Report Bureau
(https://ncrb.gov.in) - Shreya Singhal v. Union of India, (2015) 5 SCC 1
- State of West Bengal v. Animesh Boxi, 2018
- Apar Gupta, Internet Freedom Foundation
(https://internetfreedom.in) - UN Women Report – Online Violence
(https://unwomen.org)
