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Cyberstalking and Protection of Women under the Indian Law

  • sonalimukhia2002
  • 34 minutes ago
  • 16 min read

Author: Bhagyashree K. Rathod, MIT World Peace University


Abstract 

Advancement in technology led to the rapid growth of digital platforms in India which opened doors for new types of crimes including cyber harassment and threats. It affected people, specifically women. This research paper evaluates the Indian laws governing Women safety from cyberstalking and how cyberstalking is different from general cyberbullying or cyber harassment. The study shows evolution of Indian legislation in the context of cyberstalking. The paper analyses the current legal laws in India for women protection and responsibility of digital platforms towards its users. The study also guides and explains the procedure on how to avoid and what to do, if cyberstalked.

Keywords: Stalking, Cyberstalking, Cyber harassment, Digital Platforms, Punishment, Women Protection, Offences 


Introduction  

With the increase in the digital world, the lines between our physical world and online lives are getting blurred. Crimes are taking place in both the worlds. Today, almost everyone in the world uses social media, shares their lives online and connects with new people without ever meeting in real life or more exact, without meeting face to face. While sharing, connecting and using we leave a digital footprint. Every time we send an email, update our story or status on social media or click any link, we leave a digital footprint. Connecting with the world has become much faster and easier but it has also given rise to new type crimes like cyberstalking.

Earlier internet and mobile data were expensive and only limited people could use it but in recent years cheap mobile data and fast internet have spread all over India. This has strengthened people but at the same time it has changed how crimes against women happen. Harassment no longer takes place in the physical world; it has now moved into the digital world. Now bullies hide behind fake identity and harass the victims, it is much easier to harass people. These chances force us to face a tough question: are women truly safe online?

To understand and solve this problem, we need to understand what we are dealing with. In daily conversations, people confuse the terms like cyberbullying, cyberstalking and cyber harassment. If we look at human behaviour and how law deals with each, they are different. Cyberbullying is between peers and is when they publicly shame or humiliate someone on the internet. Cyber harassment is generally about when someone is sending rude, or angry messages to insult another person. Cyberstalking is much more dangerous in nature. It happens when someone repeatedly and obsessively watches, keeps track and collects information of a person to threaten them or make the person scared. Earlier the stalking could be stopped by locks and security guards to protect the victim but now the stalking continues 24/7 in the digital world. Cyber stalkers have crossed the lines between the digital world and physical world.

Historically, the Indian legal system was not prepared for cybercrimes and had gaps when it came to dealing with this threat. The earlier IT act, 2000 dealt with computer hacking, online scams and frauds regarding money. The safety of women was completely left out. Many cases took place in society due to which the government was forced to change things. Recently, India replaced the IPC with a brand new set of criminal laws called the Bharatiya Nyaya Sanhita (BNS). Section 78 of BNS specifically talks about cyberstalking. Under this section, tracking a woman's online activity, emails or messages without her consent will be considered as a serious crime.

Simply passing the law does not solve real world issues. This paper looks closely at how well these new rules actually protect victims in real life. By looking at how India’s laws have evolved, how social media platforms handle complaints. This study also works like a guide when cyberstalked and how to avoid being cyberstalked. 


Literature Review 

When we look at how law protects women from online stalkers, legal experts, writers and real-life cases help us to explore. The research we already have can be grouped into four parts: legal guides, failure of law enforcement, the definitions of online abuse, and the continuous shift in India’s criminal laws. 


  1. Ground level safety and legal awareness

Kanoon Advisers blog “7 critical cyber stalking laws in India for your protection” focus on making the complex laws easy to understand for citizens. Writers explain online stalking in simple words and show why it is not just harmless attention but a serious violation of privacy. This guide is helpful because they talk about what to do in such situations like how and where to file a complaint or report a stalker. They also help us to use the National Cyber Crime Portal and cyber cells. They share real examples of online stalking and help to understand how law actually works in the world. Most importantly they show the importance of screenshots, links, chats recorded in arresting the stalker.


  1. Broken enforcement and real-world tragedies 

India has strong laws to protect women from online stalking but in theory. In real life things do not work the way they should. The article on Legal Service India  follows real cases, you will see how stalkers use texts, calls, emails, or social media to harass someone, especially women day after day. What starts as a simple annoying message slowly turns into threats and even public shaming. 

Seema Khanna case, she was working at the Delhi embassy and one day she found out that her email had been hacked. The stalker threatened to put her private photos online with her address. 

The Bengaluru case where two boys along with their friends kidnapped a 15-year-old and clicked her nude pictures. The girl committed suicide. Her story is a reminder that behind every case a person is going through a nightmare.

We really need better training of police, and faster actions from the system.


  1. Technical terms and digital hygiene practices

To understand cyberstalking better, many researchers have referred to trusted cybersecurity sources such as Keeper Security and Geeksforgreeks. Blog on keeper security explain that terms like cyberbullying, cyber harassment and cyberstalking are not the same.

Geeksforgeeks explain the common methods used by cyber stalkers like they may spread false rumours to damage the reputation of a woman, create fake profiles, secretly track her online activities or hack her email and accounts to access private information.

They also highlight that cyberstalking can seriously affect a victim's mental health, finances and personal safety and to reduce these risks they recommend to follow good digital hygiene practices like using strong passwords, multi factor authentication or keeping social media accounts private. Following these measures can help women to protect themselves from cyberstalking and other online problems. 


  1. Shift to Bharatiya Nyaya Sanhita 

Recent academic research shows that Indian laws against cyberstalking have improved over time. In their paper, “Legislative and judicial responses to cyber stalking against women: an Indian perspective”, Neha K. Bhatt and Dr. Pareshkumar D. Dobariya explain how the legal system has changed when it comes to dealing with crimes against women online. The researchers also explained the sections of IPC which help women when cyberstalked.

Today the focus has shifted to BNS, especially section 78, which specifically talks about cyberstalking. This provision has made it easier to take action against those who repeatedly monitor or harass women online.

Overall the literature shows that India now has stronger legal provisions to protect women from online stalking. Researchers believe that stronger enforcement and better awareness is necessary to ensure that these legal protections are effective in practice.


Methodology  

This study follows qualitative and descriptive research designs. Since the objective was to examine the legal protection available to women against cyberstalking India. The research relies entirely on secondary data. Instead of conducting surveys or interviews, the study collects and analyses information from existing laws, academic journals, government reports, research papers and reliable legal websites to understand how cyberstalking is addressed in the real world. 

The data for this research was collected in three stages:

  1. Statutory framework: the first stage was studying the legal provisions related to cyberstalking. Special attention was given to section 78 of BNS which deals with stalking and cyberstalking. The study also reviewed the earlier IPC and provisions of IT, 2000 to understand cyberstalking laws have developed over the years.


  2. Academic and cybersecurity literature: the second stage involved reviewing research papers and trusted cybersecurity sources. The study mainly referred to the paper “legislative and judicial responses to cyber stalking against women: an Indian perspective” by Neha K. Bhatt and Dr. Pareshkumar D. Dobariya. It also used information from reliable platforms such as Keeper Security and Greeksforgeeks to understand cyberstalking, cyberbullying, cyber harassment and online safety practices.


  3. Ground level perspectives: the final stage focused on legal blogs and online websites especially, Legal Service India. These sources provided practical information with the help of real cases of victims. They also provide information related to how to report to cyber cells and collect evidence.


Data analysis 

The collected information was analysed using a thematic approach that is, topic based analysis. First the study explains the important concepts such as stalking, cyberstalking , factors which contribute to cyber stalking, difference between different terms like cyberbullying, the evolution of Indian legal system through case laws and replacement with BNS . it compared the legal provisions of earlier laws and new laws. This study acts like a guide on how to be safe from online stalking and how to avoid it.


Cyberstalking  

Traditionally, stalking means constantly following a person everywhere he or she goes over a long period of time. This behaviour causes fear or threat to that specific person. It is unwanted and repeated behaviour to contact that person. 

There is no specific definition of stalking and it varies globally. But there are factors which constitute stalking like showing up uninvited at someone’s home, workplace or places where they visit in general, gifting unwanted things, contacting friends or family to collect information and or threatening them. These are general factors.

Stalking is a major problem for women and children compared to men. Men also face the issue but it is less compared to women and children. Women are threatened, vandalized, assaulted when it comes to the real world but the same things happen when cyber stalking takes place. Children also undergo the same trauma by adult predators and pedophiles.

Similarly, cyberstalking is a consistent pattern of unwanted attention, harassment or monitoring a person using the internet or any electronic means. It is more severe in nature because unlike stalking it can happen 24/7 and most important it can happen anonymously. Cyber stalkers hide behind fake identities to harass and threaten their victims which not only affects the victim professionally/ financially but also psychologically and can lead to lifelong mental trauma including anxiety and PTSD. Digital threats follow constantly which can raise health issues and social isolation of victims. 


Factors like 

  1. sending uninvited text messages, emails or messages, in general, in spite of clearing requests to stop,

  2. gathering information of a person illegally and using it to threaten and harass,

  3. creating fake profiles on social media and using it to send derogatory messages or information,

  4. using tracking apps, spyware to monitor a person’s online activities,

  5. publishing a person’s private information like mobile number, address, etc. online to harass the person

  6. sending threats of harm to the person or their family, and

  7. threatening to share or sharing, private photos or videos without their permission, contribute to cyberstalking.


Cyberstalking is a serious crime, and is a punishable offence. The punishment can be imprisonment for many years. 


Distinction between Cyberstalking, Cyber Bullying, and Cyber Harassment

People often mix different types of online abuse. To enforce the law properly, understanding this difference is important. People confuse cyberstalking with cyber harassment and cyberbullying. These three are different in nature and their differences are as follows:

  1. Cyber harassment: It is a broader term for repeated, spiteful online behaviour, including sending offensive messages, using threatening language or sending unwanted content. A cyber harasser can be anyone. Cyber harassment covers both cyberstalking and cyberbullying. 


  2. Cyberbullying: It is repeated but direct online mocking or humiliation of a person. It is done between peers or colleagues, often among teenagers or school peers. It includes sending insulting messages in group chats, social media platforms. It may be done in private or in public by spreading rumours, private photos or screenshots of private messages to damage the reputation of a person. 


  3. Cyberstalking: It is consistent watching and tracking a person’s online activities without their consent. It is to establish an unwanted connection with a person. It focuses solely on personal surveillance and tracking a person’s private life. Even login attempts without consent or authorization constitutes cyberstalking.


Cyberstalking can cause depression, anxiety, and long term psychological trauma. It can also  damage the reputation because of false allegations and publication of private information. Constant cyberstalking can also result in offline harassment, or physical threats.


Legal System and Cyberstalking 

The Indian legal system was not prepared when the internet first boomed. Earlier laws, mainly the original Information Technology Act of 2000 dealt with system hacking, tampering and publishing obscene photos, but not with cyberstalking. There was no specific legal provision to deal with it. Stalking was not treated as a major issue unless it resulted in violence or financial loss. There were no specific sections to deal with a person who continuously followed a woman online or monitored her activities online under Indian Penal Code or IT Act to arrest him. 

The Justice Verma committee formed during Nirbhaya case, recognised that digital safety and physical safety are interconnected and also recommended to prohibit stalking. This led to the Criminal Law (Amendment) Act, 2013. In 2013, the Indian Parliament amended the Indian Penal Code (IPC) and made cyberstalking a criminal offence.

Ritu Kohli vs. Manish Kathuria (2001) was first case of cyberstalking in India, due to this the legislation amended the Information Technology (Amendment) Act, 2008 and introduced section 66A which dealt with punishment for sending or menacing messages through communication devices. But this section was repealed in the case of Shreya Singhal v. UOI.

Seema Khanna, an employee at Delhi Embassy, received e-mails from a man asking her to send nudes for him or pay 1 lakh rupees. She filed a complaint to the police. The stalker was threatening her that he would put her edited photos on sex websites with her address and other details. An inquiry took place and police said that they hope to trace the accused soon. The police felt that the accused was known to the victim.

Two boys in Bengaluru along with their friends kidnapped a 15-year-old girl and clicked her nude pictures, the girl committed suicide, in her suicide note she wrote ‘I have decided to die as I have lost my honour. Me and my family and I need justice’. These are no isolated cases but one of the few cases of online harassment.

The number of cases is increasing every year globally. In India most of the complaints are filed by women. The Bharatiya Nyaya Sanhita, 2023 replaced the Indian Penal Code. BNS works with the IT Act and in most cyber crime cases are registered under both laws.


Provisions for Cyberstalking in India 

Information Technology Act, 2000: deals with cybercrimes, gives legal recognition to electronic records and electronic signatures. It protects the privacy and also the security of digital information. It also secures online transactions and communication.

Section 66E: capturing someone’s photos or videos and then publishing and sharing someone’s private photographs or videos without their consent is punishable. Imprisonment up to 3 years or fine up to 2 lakh rupees, or both.

Section 67: if someone is sending or publishing obscene material online then it is punishable. For first time offence, imprisonment up to 3 years and fine up to 5 lakh and for second conviction, the punishment is harsher 5 years imprisonment and 10 lakh rupees fine.

Section 67A: it deals with sending or publishing sexually explicit content online and is punishable. For the first time they can go to jail for 5years and have to pay a 10 lakh rupees fine. For second conviction, 7 years imprisonment and 10 lakh rupees fine.

Section 72:  a person who legally has someone’s personal or confidential electronic information they cannot share or disclose that information without the owner’s consent and if they do so illegally then it is punishable with up to 2 years imprisonment or a fine up to 1 lakh rupees or both.

Section 43A: if a company fails to protect the personal information because of poor security and due to this person facing any loss, the company is liable and has to pay compensation.


Bharatiya Nyaya Sanhita, 2023 (BNS) 

Section 78: this section deals with stalking includes watching a woman online, sending messages repeatedly, tracking her social media activity or harassing her through social media platforms and is punishable. If someone does this for the first time then imprisonment up to 3 years and fine and for second time offence, imprisonment up to 5 years and fine.

This section says:

(1) Any man who—

           (i) follows a woman and contacts, or attempts to contact such women to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or 

           (ii) 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 who pursued it proves that—

            (i) it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or

             (ii) it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or

             (iii) in the particular circumstances such conduct was reasonable and justified.

(2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

Section 75: it includes offences like sending sexual messages, obscene photos or videos, showing pornography without consent and asking for sexual favours online. Basically it deals with sexual harassment even if its online. It is punishable with imprisonment up to 3 years imprisonment depending upon the act or fine.

Section 77: this section applies when a person captures, shares or records videos or images of a woman in private without consent. For first time offence, imprisonment for 1 to 3 years and fine and for subsequent conviction, imprisonment for 3 to 7 years and fine.

For Cyberstalking, either the BNS or the IT Act applies, often both laws apply together. Section 75, section 77 and section 78 of BNS specifically protects women from sexual harassment, having their private images or videos captured, recorded or shared without consent and mainly protects women from stalking and cyberstalking.

Section 66E, section 67, section 67A, section 72 and section 43A of IT Act are not exclusively for women but are used in cases involving women.


Accountability of Platforms and Company

Women are actually cyberstalked on social media platforms like Instagram, Facebook, Snapchat and Whatsapp. These platforms cannot refuse to take responsibility for cybercrimes.  It is the duty of companies and social media platforms to protect the data of their customers and users. Leakage of such information can lead to loss. So the company must have high security to protect private information and if any company fails to do so and people face loss because of it, then the company is liable and has to pay compensation according to section 43A of IT Act, 2000.

In India, the digital platforms have to follow IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These are often called IT rules 2021. It is mandatory to follow these rules. Under these rules 

  1. Major platforms have to appoint a Grievance Officer. An officer has to acknowledge any complaint filed by a user within 24hours and must be resolved or disposed of within 15 days.

  2. If a stalker uploads non-consensual, private, sexual content of a woman, platforms must remove or disable access to such content within 24 hours.

  3. If synthetically made content or AI generated fake photos or videos are on the platforms then, platforms have to explicitly flag, label and restrict such content.

Under the Digital Personal Data Protection (DPDP),it is duty of platforms to protect data  and if any platform leaks private data of a user, and such data is used by a stalker to track her, the platform has to face financial penalties.

How to avoid being cyberstalked? 

Laws protect from cyberstalking but it is also important to avoid a few things, to protect yourself from cyber stalkers. Prevention is the first defence against online predators, for women protection. Women can protect themselves by following the below practices.

  1. Avoid sharing personal information online including address, phone number or daily life. Cyber stalkers follow the information which has been shared online to stalk the person.

  2. Use strong passwords and enable multi-factor authentication. Cyber stalkers can try to log in, in social media accounts like Instagram, Facebook, etc.

  3. Never open or click links in an email or message from unknown senders. Cyber stalkers can send links which might contain viruses to hack the device.  

  4. Manage social media privacy settings. Keep social media private and avoid accepting friend requests from unknown people.

  5. Regularly check what is available online about you and remove unnecessary personal details.

  6. Turn off location sharing on applications when not necessary.


What to do if Cyberstalked 

Most of the women get scared when they realise that they are getting stalked, or harassed online and don’t really know what to do next and panic. The following practices are necessary and all women should know, to stop being cyberstalked.

  1. The most crucial step is to protect all evidence. Before deleting anything, take screenshots of all messages, comments and profiles. If it is possible, save emails which contain original files and note down the URLs of fake profiles, dates and times.

  2. File a complaint on the National Cyber Crime Reporting Portal. The complaint can be filed anonymously or with the details, if comfortable. It is filed online.

  3. Or approach the police station or Cyber cell. Police have to write FIR if it is cognizable. The victim can do both, that is, file FIR and complaint at the cyber cell.

  4. Cyber cell or the police begin investigation. On the basis of evidence, the arrest can be made and a chargesheet can be filed. 


Conclusion 

This study shows that the rapid growth of digital technology has changed how crimes take place. Today, cyber stalkers do not need to physically follow or monitor a victim. They can harass, monitor or threaten a victim through calls, messages and online platforms, and that to 24/7, making it a serious threat to women’s security.

The research also highlights that earlier laws did not provide adequate protection to women against cyberstalking. Important cases like Ritu Kohli v. Manish Kathuria forced the legal system to frame better and stricter laws.

India introduced stronger legal provisions through BNS particularly section 78 which specifically deals with stalking and cyber stalking. This reflects the effects of the legal system to strengthen legal protection for women.

The study concludes that strong laws alone are not enough. Digital awareness and public education are equally important. Thus, this study acts as a guide and describes the methods especially for women to follow in order to avoid being cyber stalked and what to do when cyber stalked.


References

Cases

  • Shreya Singhal v. Union of India, AIR 2015 SC 1523.

Statutes

  • Bharatiya Nyaya Sanhita, 2023, § 78, No. 45, Acts of Parliament, 2023 (India).

  • Digital Personal Data Protection Act, 2023, §§ 8(5), 33(1), No. 40, Acts of Parliament, 2023 (India).

  • Information Technology Act, 2000, §§ 43A, 66E, 67, 67A, 72A, No. 21, Acts of Parliament, 2000 (India).

Rules and Regulations

  • Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, Rule 3(2)(a)(i), G.S.R. 139(E) (India).

  • Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, Rule 3(2)(b), G.S.R. 139(E) (India).

Journal Articles / Online Articles

Other Online Sources








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