In the present world of technology, we are used to hearing that somebody
hacked the profile or made a profile of someone using his/her details and sent
some vulgar or derogatory messages, all such activities come under the wide
ambit of cyberbullying. Supreme court had laid down various landmark judgements
with the new provisions regarding the issues of cyberbullying, the court had
given guidelines for different activities and types of cyberbullying as in this
technological world every day some new activities come up.
This is now not only a problem but with time had become a trauma for children
and youngsters of the county which not only impacts their social lives but the
whole lives as it leads to depression, distress and any mental health issues.
Cyberbullying is been defined in different ways by different experts but in
conclusion, it can be defined as an aggressive, intentional act or behaviour
that is carried out by a group or an individual, using electronic forms of
contact, repeatedly and over-time against a victim who cannot easily defend him
or herself. The most common form of cyberbullying in India includes sharing
some of the personal information with a third person with fraudulent intent. In
cyberbullying, it becomes difficult for the victim to trace the bully as the
bully uses the identity of the victim and so bullies own identity remains
The use of the social platform by the youngsters and children of our nation is
far more than ever and thus because of such high usage with proper knowledge out
of every 4 children are been bullied and a total of 43% of children are facing
cyberbullying. While in 2012 a survey was conducted by Microsoft in 25
countries, India ranked 3rd in online bullying cases. Besides all the social
platforms, Facebook is the only platform where 70% of online bullying happens.
There is no downfall in the cases of cyberbullying in India, due to higher and
continuous usage of social platforms there is a huge increase in the cases in
present times. The reported no. of cases is not proportionate to the actual no.
of cases, due to fear most of the children don't share such happenings with
their elder ones which gives rise to such cases. As per the survey conducted by
the National Crime Records Bureau, there is a 36% increase in cases of
cyberstalking and cyberbullying cases in India.
Cyberbullying covers a wide range of activities, from posting embarrassing
photos of a person to putting tags that can be insulting or making fake profiles
and defaming a person by posting. Confession pages are something which is in
trend nowadays, such confession pages allow people to post anything about
anybody and where the identity of the person who confesses is kept hidden from
the world, which promotes such persons to confess anything and everything.
youngsters it is one the common thing to be done, and they find it a way to tell
or post anything and everything thing they wish to as their real identity is
hidden from the world and thus can do all such postings without any fear, and
such remarks create a huge impact on the person's mental health on whom the
remark is made.
Ritu Koli Case
It was the first registered case of cyberstalking in 2001 where Ritu Koli
complained that a person who was using her identity to chat over an internet
site was giving her number to another person and also encouraging them to call
Ritu Koli at odd hours. She received national as well as an international call
within 3 days, the case was registered under section 509 of IPC. This case was
an alarming case for the government because there was no mention of the
conditions i.e., on cell phones that happened with Ritu Koli and thus waked up
the government, to make laws regarding such crimes for the protection of
Rithika Sharma Case
A student of Delhi school filed a complaint to police after she was stalked on
Facebook, she had given her contact details to a man who was using fake I'd.
Cybercriminals often connect with them by sending friend requests on Facebook
and the person on the other side becomes excited and takes more interest and
thus all the ill intentions of the cyberstalkers are completed, says Delhi
police. Such cases were at their peak so to curb this Delhi police launched
safety awareness programmes in schools to make everyone aware of such incidents.
As such there are no specific laws regarding cyberbullying in India but as it
leaves scars for a lifetime and to cope with such injuries after the amendment
of the Indian Penal Code, 1860 in 2013 there are some laws that can be referred
while dealing with cases of cyberbullying.
The sections which deal with this
- Section 499, defamation
- Section 292A, matters intended to blackmail
- Section 354A, sexual harassment
- Section 354D, stalking
- Section 509, word or act resulting insult of a woman
- Though it is not easy for any victim to cope up with such bullies still l some
legal provisions to provide relief to the victim are there. The Information
Technology Amendment Act also provides remedies for cyberbullying.
The main provisions regarding cyberbullying are:
- Section 507 IPC:
The section states that if anyone receives criminal
intimidation by way of an anonymous communication then the person giving threats
shall be punished with imprisonment for up to two years. Under word anonymous
the offence of anti-bullying and cyberbullying is included in this section.
- Section 66 E of IT Act:
The section states the punishment for
violation of privacy. The section states that any person who intentionally
violates privacy by transmitting, capturing or publishing private pictures of
others shall be punished with up to three years imprisonment or a fine of up to
With the ground techno world, if no solid steps are taken for controlling
cyberbullying, then this will create a huge problem over the internet.
Cyberbullying not only affects the social life of the victim but it mentally
affects and sometimes this can also lead to suicidal situations. Lawmakers
should make some strict provisions by keeping all the points in consideration.
It is a two-way sward, along with the legal provision the youngster and children
must be aware of the usage of internet and such situation and also should be
aware of the precautions and remedies that are available with, they need to be
more attentive while using social media platforms.