Introduction
Cyberstalking refers to harassment inflicted by one person upon another in the digital world. Although the term “cyberstalking” has not been defined under any specific code, it is increasingly being used in discussions around cybercrime.
Unwanted or persistent surveillance of any person by an individual or group is known as stalking. And when such an act is carried out on an online platform, it becomes cyberstalking. Though illegal, cyberstalking is a technology-based attack on an individual infringing his or her personal rights.
Legal Provisions
- Section 78 of BNS:The act of cyberstalking is an emerging and new form of crime. The legal provisions regarding stalking are contained under this section:
(1) Any man who:
- Follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or
- Monitors the use by a woman of the internet, e-mail or any other form of electronic communication, commits the offence of stalking:
Provided that such conduct shall not amount to stalking if the man proves that:
- It was pursued to prevent or detect crime and the man was entrusted by the State to do so;
- It was pursued under any law or to comply with any condition or requirement imposed by law;
- In the particular circumstances, such conduct was reasonable and justified.
(2) Punishment: First conviction – imprisonment up to 3 years and fine; subsequent conviction – imprisonment up to 5 years and fine.
- The Information Technology Act, 2000: The primary law addressing cybercrime in India.
- Section 67: Relates to publishing obscene material in electronic form. If the stalker publishes obscene content about the victim on social media to bully them, it is punishable.
- Section 67A: Added in 2008, it covers publishing “sexually explicit” material electronically — via email, messages, or social media.
- Section 67B: Targets child-related cyberstalking, specifically publishing sexual content involving children.
- Section 66E and Section 354C IPC: Deal with voyeurism — capturing or disseminating images of individuals without consent.
Current Scenario and Effects of Cyberstalking
With time and societal development, crime has shifted from the physical to the cyber world, and cyberstalking is a clear example. This act not only traumatises the victim mentally but also affects their psychological development.
Cyberstalking can result in severe psychological harm. Victims report suicidal thoughts, PTSD symptoms, fear, anger, and depression.
Sociological Trauma and Effects of Cyberstalking
Cyberstalking can lead to deep sociological trauma and mental health deterioration. Victims may experience emotional distress and often hesitate to report due to fear, shame, or lack of support. The fear of being judged also prevents victims from coming forward.
In our society, stalking is not always treated as a serious issue. However, in some cases, cyberstalking may act as a precursor to more serious crimes like rape.
Suggestions
It is just and proper to suggest the following measures to combat cyberstalking:
- Inclusion of specific section for cyberstalking under the IT Act, 2000:Due to this legal gap, many cases go unnoticed or are not properly addressed. Clear legal provisions are urgently needed.
- Implementation of strict social media rules:With the rise in fake accounts, trolling, and harassment, there is a need for strict regulation and surveillance on social media platforms.
- Organising awareness camps for female students:Although legal remedies exist, awareness among individuals is low. Awareness campaigns are essential to empower victims and spread knowledge about reporting mechanisms.
For example, Uttar Pradesh has launched a helpline called Women Power Line (1090) for women and children. It is effective in removing abusive content swiftly. Other states should adopt similar models.
Conclusion
In this digital era, cyberbullying and harassment are escalating rapidly. What may appear harmless to one person can deeply wound another. In extreme cases, victims may even consider suicide due to relentless abuse. It is critical to take cyberstalking seriously and enforce strict laws to counter this growing threat.
Written By: Mahi Gupta, B.A LL.B, Amity Law School, Lucknow
