Author: GT. Lalitha Kumari, Sastra Deemed University

In recent years, cybercrimes in India have increased by more than 400% and one of the major threats that have developed was cyber stalking , especially against women. The term “cyber stalking” designates a conduct that refers to online harassment, such as sending unwanted messages, creating fake profiles or using digital surveillance that makes the person feel afraid and violates their privacy.

Types and Forms of Cyber Stalking

Cyber stalking manifests in multiple forms, each demanding tailored responses.​

• Email/Internet Stalking: Bombarding inboxes with threats or spam.

• Social Media Harassment: Fake profiles for defamation or doxxing.

• GPS/Tech Tracking: Unauthorized app access or spyware installation.

• Deepfake/Non-Consensual Intimate Imagery (NCII): Morphing faces into explicit videos, rising 300% in 2025.​

• Cyberbullying in Minors: POCSO-applicable grooming or sextortion

Background and Enactment

The Information Technology Act, 2000, laid the foundation for addressing cyber threats that are being raised nowadays. It is also complemented by the amendments made in Indian Penal Code targeting digital offences. Specifically, section 354D which was introduced by virtue of Criminal Law (Amendment)2013, criminalizes stalking a woman through electronic means. These laws aim to curb misuse of social media platforms, imposing penalties up to five years imprisonment for repeat offenders.

Victim rights have been reinforced by landmark rulings like the Shreya Singhal case. Also the Delhi High Court ruling on POCSO in 2025 paved the way for a criminal conviction for cyberbullying through morphed images and thus it was held that the social media platforms are accountable for child safety. A Mumbai case in 2025 concerned a female celebrity who was stalked for two years through the use of multiple sim cards; the prompt filing of FIRs under IT Act section 67 and BNS, 2023 resulted in the stalker being arrested. Also the Noida police responded to the ex-partner’s threats by registering cases under IPC sections 354D.

These decisions strengthen the principle of proportionality to the law about cyber stalking and at the same time guarantee the freedom of expression. All the amendments that were made after 20130 are making the punishments more severe and focused on technology and the courts are also facilitating the process by virtue of quicker trials. People who support the new legislation say that the increase in the number of cybercells and the establishment of the National Cyber Crime Portal are the victories of accessibility which have resulted in making it easier for the rural victims to get justice. So the courts ensure that the rights of the rights of the users are being respected while the enforcement of the law continues.

The existing frameworks amalgamate the IT Act (section 67 and section 67A) for obscene transmissions with IPC Section 507 which deals with anonymous threats and POCSO which is applicable to minors. The victims can file the complaint through cybercrime.gov.in or by calling the helpline 1930 and thus the initial police reluctance gets overridden through CrPC Section 156(3) magistrate orders. In the future we can see the enhancements being made Digital Persona; Data Protection Act ; the main factor being privacy and AI guided tracing. The amendments are directed towards the new age threats like deepfakes, thereby making law enforcements more civil liberty friendly.

The provisions have been scrutinized for imposing proof burdens in anonymous cases, but the courts have countered this by requiring IP traces and platform data according to IT Rules 2021. Although the term "persistent monitoring" in 354D appears to be unclear, the Bombay High Court in 2025 provided a ruling that recognized repeated objectionable posts as a form of stalking and a modesty outrage. The risk of misuse is there, similar to the case of pre-Shreya arrests due to social media posts, hence, there are precautions such as requiring magistrate approval before FIR registration. Lawyers are urging for the training of cyber cells; data from the National Crime Records Bureau indicates that after the reforms in 2023, there has been a 95% increase in convictions

Rural cyber cell shortage delays problems: only 20% states in the country have full labs. Anonymity tools (VPNs) complicate tracing. Also there is a problem of low digital literacy. So it hinders reporting.

The legal framework of India regarding cyber stalking has been developed through the enactment of various laws, including the IPC 354D, and the judicial interpretation of Shreya Singhal's case. This development has led to the establishment of a new legal paradigm that is characterized by clarity, balance, and protection. It has also given the victims the right to seek available remedies in the midst of the digital threats. To preserve evidence, the victims can report the incident through cybercrime.gov.in or the 1930 helpline and pursue fast justice. The outcomes depend on quick actions and strong enforcement. However, the issue of lack of rural infrastructure and tech anonymity requires urgent reforms, such as cyber labs across the country, AI forensics, and digital literacy campaigns to reinforce this legal protection. As cyberspace is constantly changing, it will be the joint effort of the lawmakers, the courts, and the civil society that will ensure the continued presence of security, privacy, and freedom of expression. To the victims, reclaim your digital safety—justice is waiting for those who act. Please share your strategies or experiences in the comments below to help raise awareness.