Open Access Research Article
CYBERSTALKING AND WAYS TO PREVENT IT BY: AAYUSHI ARYA
Published Paper
Article Details
“CYBERSTALKING AND WAYS TO PREVENT IT”
AUTHORED
BY: AAYUSHI ARYA
Roll No. A-09
BBA LLB (3rd Year)
BHARATI VIDYAPEETH
(Deemed to be) UNIVERSITY, PUNE
NEW LAW COLLEGE,
PUNE
1. ABSTRACT:
The digital era has witnessed the
rise of cyberstalking, an ongoing and dynamic kind of harassment distinguished
by persistent, undesired online behaviours that cause victims to feel anxious
and distressed. Malicious activity can manifest itself in a number of ways,
such as persistent emails, messages, or posts; unapproved access to personal
accounts; online monitoring; and the sharing of confidential or misleading information.
Cyberstalking is a particularly difficult and sneaky threat because, in contrast
to traditional stalking, it takes use of the anonymity and extensive reach of the
internet.
The increase in digital technologies
and the growing pervasiveness of the internet in our daily lives is closely correlated with the rise of
cyberstalking. The frequency and sophistication
of cyberstalking occurrences have increased along with our reliance on online
platforms for socialisation, communication, and professional activity.
This paper explains cyberstalking and
the laws which deals with cyberstalking in India. Also, how to prevent cyberstalking and lodge a complaint
against it.
Keywords: Cyberstalking, Cybercrimes, Computer crimes,
Social media, Internet
2.
INTRODUCTION:
A pattern of recurring actions that
include unwelcome attention, contact, harassment, or other actions directed at
a particular individual is known as stalking. A victim may be stalked in person,
by being followed, or by being watched over and harassed online. Around the
world, stalking victims are both men and women.
Cyberstalking is the practice
of harassing or stalking an individual or group of individuals
using electronic tools, such as the Internet. Numerous behaviours can be associated with cyberstalking, such as identity
theft, defamation, slander,
libel, threats, and sex
solicitation. Since both online and physical stalking reflect a desire to influence, threaten, or control a victim,
they are frequently employed in tandem. Cyberstalking
is illegal and can involve a known acquaintance of the victim as well as total
strangers.
Cyberstalking can be motivated by a
variety of factors, such as retaliation, obsession, personal grudges, or even a need for dominance and power. As
their online and occasionally actual
lives are invaded, victims of cyberstalking frequently experience mental discomfort, anxiety,
and a pervasive sense of violation. The digital sphere
turns into a battlefield where borders between the public and private sectors are blurred
and personal boundaries are crossed.
Due
to the widespread use of social media, online forums,
and communication platforms, cyberstalkers have many
opportunities to use technology for malicious
purposes. Therefore, it is imperative that everyone—individuals, law
enforcement bodies, and the government understand the mechanics
of cyberstalking. A multifaceted strategy
is used to combat cyberstalking, including improved cybersecurity measures,
legislative frameworks, and educational campaigns
to increase public knowledge of online
safety and appropriate digital
behaviour.
Some examples of cyberstalking are
repeatedly sending messages and emails which
are threating or offensive or by creating a fake profile or using
somebody else’s identity to harass or
deceive a person. Even monitoring someone’s online activities and tracking someone’s online presence comes under cyberstalking.
3. TYPES OF
CYBERSTALKING
Cyberstalking
can be classified into three different types, that are as follows:
1. Email
stalking;
2. Internet
stalking;
3. Computer
stalking.
1.
Email
stalking: One
of the most prevalent forms of stalking that occurs in the real world is email stalking, which also
involves calling, writing, and physical monitoring. Conversely, there are numerous ways that cyberstalking might manifest itself.
Unsolicited electronic mail, including offensive, vulgar, or menacing
content, is among the most prevalent types of
harassment. Other forms of harassment include
sending viruses or a large volume of electronic junk mail to the victim.
It is important to understand that
merely sending out sales calls or viruses is not seen as stalking. However, these messages could be deemed
stalking if they are sent frequently with the
intention of frightening (for example, in the same manner as actual
stalkers mail subscriptions to pornographic magazines).
2.
Internet
stalking: In this case, stalkers utilise the internet
extensively to defame and threaten
their victims. In such cases, cyberstalking becomes more of a public than a private matter. The fact that this kind of cyberstalking appears to be the most likely to invade physical space makes it
especially worrisome. Internet stalking is frequently linked to traditional stalker tactics like physical attacks,
threatening correspondence, property
destruction, and phone calls. One who is routinely within shot range of their stalker and another who is stalked from a
distance of two thousand miles are two very different situations.
Although mental discomfort is recognised by
most criminal punishments, it is not considered to be as harmful as a real physical threat.
Even while real-world experiments have demonstrated the link between
stalking, domestic abuse, and feticide, most of the online stalking
still aims to inflict psychological distress, anxiety, and fear. This is not to say that it is acceptable to
criminalise spreading fear and apprehension.
3.
Computer Stalking:
Computer stalking, which uses the Windows operating
system and the Internet to gain access to the intended victim's
computer, is the third kind of
cyberstalking. Few individuals probably know that a single Windows PC connected to the Internet can be found and
connected to another computer over the Internet.
Through this computer-to-computer link, the hacker can take over the target's computer without the assistance of a third
party.
A cyberstalker typically communicates directly with the
target computer as soon as it makes any kind of Internet connection. The victim's only line of defence is to withdraw from the Internet and give up
their current IP address to prevent the stalker from taking over their computer.
4.
LAWS IN INDIA:
Indian Penal
Code [1]
·
The act of stalking is expressly prohibited by Section 354 D of the Indian Penal Code, which was added by the Criminal Law (Amendment) Act
2013: Anyone who follows, contacts,
or attempts to contact a person repeatedly to foster personal
interaction, despite a clear indication of disinterest from the victim,
or whoever keeps an eye on a
person's use of the Internet,
email, or any other form of electronic communication, or whoever watches or spies
on a person in a way that causes them to fear
violence, serious alarm, or distress, or interferes with their mental peace, is
guilty of stalking.
·
Additionally, the victim has the option to sue the
offender for defamation under Section 499 of the Indian Penal Code.
The clause has protected those stalking activities carried out by an individual who has been given such authority by the state in
order to prevent and detect crime. Additionally, it is not permissible to refer
to situations in which engaging
in such behaviour was justified
or in which the individual was allowed by law as stalking offences.
·
Sexual harassment is punishable under Section 354A of the IPC by three years in prison
and/or a fine.
·
Voyeurism is a crime according to Section 354C. It is described as taking a picture of a woman doing a private act and/or
sharing it online without the woman's permission. According to the section, a first offence carries a sentence of
three years in prison, while a second offence
carries a sentence
of seven years in
prison and a fine.
·
Criminal intimidation is defined by Section 503 as any threat made to a
person whose reputation has been
damaged, either to frighten her or to persuade her to change her mind about anything she would otherwise do
or not do. S. 499 and S. 503 violations are subject to a two-year maximum sentence
in jail as well as a fine.
·
If someone persistently bothers you with verbal abuse that is disparaging to you due to
your gender, you can get protection under Section
509 of the IPC. According to this law, anyone who speaks, makes a sound, or gestures
with the intention of offending
a woman's modesty by letting her know they are doing so could face a year in prison
and/or a fine.
·
Criminal intimidation by anonymous communication is
punishable under Section 507 by up to
two years in jail. Section 228A of the IPC penalises the
retaliatory posting of pictures or
films of rape victims, which carries a two-year maximum sentence as well as
a fine.
The Information Technology Act, 2008 [2]
·
To address the stalking offence, Section 72 of the Act states: Any individual who, in accordance with any of the authorities granted under this Act, rules or regulations adopted thereunder, has secure
access to any electronic record, book, register,
correspondence, information, document, or other material; discloses such electronic record, book, register,
correspondence, information, document, or other material to any other person without the consent of the person
concerned; and faces punishment ranging from one lakh rupees in fines to two years
in jail.
·
Publication, transmission, and instigation of the transmission of pornographic material are forbidden by Section 67, which also imposes fines
and a maximum sentence of three years
in jail on the first offence and five years in prison on the second.
·
Material featuring a "sexually explicit act"
is a special category that has been eliminated by Section 67A. Publishing, transmitting, or facilitating the transmission of
such material carries a maximum sentence of five years in jail and a fine upon a first conviction, and a
maximum sentence of seven years in prison and a fine upon a second conviction.
5. HOW TO LODGE A COMPLAINT:
The Code of
Criminal Procedure, 1973[3], does not apply to any police officer
who is not a deputy superintendent of
police or any other officer of the Central Government or a State Government authorised by the Central
Government to do so. The Information
Technology Act allows any officer to enter a public place, search anyone inside, and make an arrest without a
warrant if they have reasonable suspicions that someone there has committed, is committing, or is about to commit an offence
covered by the Act. (Section
80)
Since
cybercrimes are committed without regard to national boundaries, they are not subject to legal authority. Therefore,
regardless of the location of the crime, you can report a cybercrime to the
cybercrime units of any city.
·
Cyber Cell:
Cyber Cells have been set up to give
victims of cybercrime recourse. These
units, which are a component of the criminal investigation division, focus on crimes involving the
internet. You can register an F.I.R. at a nearby
police station if your home does not have a cyber cell. If for some reason you are unable to file an F.I.R., you may also speak with the commissioner or the judicial
magistrate of your city. No matter what jurisdiction they have, all police stations
are required to file a F.I.R.
·
Online
Grievance Redressal: In India, the police are the most infamous law enforcement body when it comes to handling
female victims. Women are reluctant
to report incidents to the police, even when it is easy for them to do so, for fear of being harassed and subjected to more suffering. Women continue to
experience the brunt of harassment as a result of such crimes against
them being ignored.
Therefore, women who prefer to remain anonymous
can report stalking
to the National Commission for Women [4]. The Commission
contacts the police about the issue and starts the inquiry right away. In the event of a major offence, the commission may establish an inquiry
committee to investigate the situation, conduct a spot inquiry, gather information, speak with witnesses, call
the accused, obtain police reports, and other actions to further the investigation.
·
Report to
the websites: The majority of social media platforms that allow users to create accounts offer a reporting
system. The IT (Intermediary Guidelines) Rules, 2011[5] require
these websites to act and disable information connected to offensive
content within 36 hours. In order to conduct
an investigation, the intermediary must keep these documents and related data for a minimum of ninety days.
Any offensive material hosted, saved,
or published on the intermediary's computer system may be brought to the intermediary's attention
by the impacted party in writing or by email
signed with an electronic signature.
·
Report to
CERT: The Indian Computer Emergency Response Team (CERT- IN) [6] has been recognised as
the national nodal organisation for addressing
concerns related to computer security risks under the Information
Technology Amendment Act of 2008.
Among other things, they include recommendations for the process, prevention, reporting, and handling of cyber events.
6.
HOW TO PREVENT CYBERSTALKING:
Cyberstalking
can be prevented or avoided by combining internet awareness, being watchful
of one's online presence, and proactive
steps. Some of the steps
are
·
Review and
Adjust Privacy Settings- One should regularly review and adjust their privacy settings on their email,
social median accounts and other online platforms
and they should also limit the information which is visible to the public knowledge
or any unknown individual knowledge.
·
Be careful
with Personal Information- One should avoid share their personal information like phone number,
or financial details
etc with any unknown person online.
·
Use Strong
and Unique Passwords- One should create a strong and unique password
for your online accounts and enable two-factor authentication whenever possible
to add an extra layer of security.
·
Regularly
Update Software and Security Measures- One should always keep his system
updated to latest
version and keep antivirus
software and other
applications up to date to protect against vulnerabilities. Use reliable
security software to detect and prevent cyber threats.
·
Educate
Yourself about Cybersecurity- One should stay informed about common online threats and scams. Be cautions
when visiting an unprotected sites or clicking on links
or downloading attachments from unknown sources.
·
Monitor
Your Online Presence- One should regularly search for your name on internet to identify any potential
unauthorized use. Report and request for removal of any
inappropriate use of name
for content or false information.
·
Trust Your
Instincts- If one feels uncomfortable with any online interactions then he should take appropriate action against such feelings. Block and unfriend
any person who exhibits suspicious or harassing behaviour.
·
Be Mindful
of Geotagging- One should turn off his geotagging features on your mobile phones and social media platforms
to prevent unintentional disclosure of
location.
·
Maintain
Cyber Hygiene- one should regularly update their device and other applications to patch vulnerabilities. Use
reputed antivirus and anti-malware program to protect oneself from any cybercrime.
·
Report and
seek help- if any one is dealing with cyberstalking, they report to relevant authorities and the platforms
where the harassment is occurring. Seek support from friends, family,
or professionals to cope with effects of cyberstalking.
7. CASE LAWS AND
EVENTS:
Ø
State of Tamil Nadu v. Suhas
Katti [7]
Facts-The victim's family friend was
the accused's target for marriage, but she ended up divorcing him instead.
Following her divorce, the accused convinced her once more, and when she
refused to marry him, he proceeded to harass her online. The accused created a fake
email account in the victim's name and posted offensive, vulgar, and defamatory
content about the victim.
A charge-sheet become filed in
opposition to the accused man or woman beneath
neath Section sixty-seven of the IT Act and Section 469 and 509 of the
Indian Penal Code, 1860.
Decision-The offender was found
guilty by the Additional Chief Metropolitan Magistrate
at Egmore in accordance with Sections 67 of the IT Act and 469 and 509 of the Indian Penal Code, 1860. The
accused was sentenced to one year of simple
imprisonment and a fine of Rs. 500 under Section 509 of the IPC, two
years of rigorous imprisonment and a fine of Rs. 4,000 under Section 67
of the IT Act, and two years of
rigorous imprisonment and a fine of Rs. 500 under Section 469 of the IPC.
Ø
SMC Pneumatics (India) Pvt. Ltd. vs. Jogesh
Kwatra [8]
Facts-Jogesh Kwatra, the defendant in this case, worked for the plaintiff's business. To malign the company and its Managing Director,
Mr. R K Malhotra, he began to
send nasty, abusive, and filthy emails full of insults to his employers and other subsidiaries across the globe.
The email's origin was discovered to be a Cyber
Cafe in New Delhi throughout the investigations. During the inquiry, the Cybercafé employee recognised the
defendant. The plaintiff fired the defendant on May 11, 2011, after
11 years of employment.
Decision-Because the court did not meet the requirements for certified
evidence under section 65B of the
Indian Evidence Act, the plaintiffs are not entitled to the relief of a perpetual injunction as
requested. The court was unable to accept even
the strongest evidence
since there was no concrete
proof that the defendant was the
one sending these emails. The defendant was also ordered by the court to refrain from disseminating or publishing
any disparaging or abusive content about the plaintiffs online.
Ø
Cyberstalking and Production of Child Pornography [9]
A federal grand jury indicted James S. Allen of Baltimore, Michigan on
January 23, 2013, on eighteen charges
of cyberstalking and five counts of producing child pornography. The defendant
stalked eighteen female
victims in New York between
April and August of 2012, using his cell phone and the Internet. A few
of the victims were underage when the
assault occurred. Allen threatened the victims by claiming to have discovered their naked photos online and providing them with the location of the images. He tricked the
victims into visiting a phishing website, which
was really a place where he tried to get their passwords and email addresses so he could access their accounts and take over.
Furthermore,
Allen threatened to publish his victims' pictures
if they did not participate in a Skype conversation with him.
Allen insisted that the victims
remove their clothes and have sex as soon as they join the Skype
session. He would hand out the naked
pictures if they did not want to. The females called the police one by one. Allen is charged with both cyberstalking and
child pornography since some of
the girls were underage.
Ø
Delhi man uploads
minor girl's private
pictures online to defame family[10]
A 25-year-old man uploaded a minor girl’s private
pictures on social media with obscene
audio clips. He was arrested in an alleged cyberstalking case. He tried to defame the family of the minor girl and
take revenge on the victim’s elder sister for
refusing his marriage proposal. The mother of victim lodged the complaint reporting
that the man used a
false social media account to share her
minor daughter’s personal
pictures. He also disseminated the pictures to their relatives and friends
to defame the family of the victim.
Ø
Minor girl falls prey to cyberstalker, attempts
suicide in Rajkot [11]
For a young
girl in the city, an acquaintance she met on social media became her worst
nightmare. The young lady tried suicide on Monday after being tormented and
mistreated by the man for starting a relationship. The police on Wednesday
booked the accused man, who lives in the city on Raiya Road.
The girl
did not disclose her experience until after receiving counselling and being released from the hospital. Shehzaad Jogisha, according to the girl, has been
harassing her for a while.
The accused
had visited the girl's house on Monday night in an attempt to coerce her into getting in a relationship. The
grandmother of the girl had woken up to Jogisha's
presence, which is why he had departed. After ingesting poison, the girl was spared
because she was brought to the hospital promptly.
The girl
first made up a narrative that a drug dealer had come to meet her at home and was forcing
her to sell narcotics out of fear that her parents would chastise her. She had also stated that she had
met the drug dealer through a female police officer.
Based on the girl's statement, authorities investigated it, but they turned up nothing substantial. After the girl was
released from the hospital, the girl's lies were discovered, and she received
counselling.
Inspector A
S Chavda of the University police station stated, "We have taken the girl's complaint and booked the man for molestation and under sections
of POCSO (Protection of Children from Sexual Offences)
Act.[12]" He also mentioned that the girl had connected
with Jogisha via a social networking platform.
8. CONCLUSION:
In conclusion,
given the speed at which technology is developing and the interconnection of
our virtual lives, cyberstalking poses a more serious and alarming threat in the
digital era. The increasing frequency and intensity of cyberstalking occurrences,
it is imperative that societies and individuals take coordinated action to address
this dynamic threat as it continues to expand. With the growth of social media,
digital communication tools, and online platforms, cyberstalkers now have more
ways than ever to get personal information and carry out damaging, persistent actions.
The sneaky nature of cyberstalking is worsened by anonymity, remote access, and
the availability of communication on the internet, making it a difficult issue
to successfully combat. Punishment for cyberstalking is given under Indian
penal code, 1860 and the Information Technology Act, 2008. Noting that the law is
always changing and that there might be new laws or amendments that
particularly deal with cyberstalking is significant. The ability of law enforcement
organisations to investigate and prosecute cybercrimes is a crucial factor in
determining the success of these laws.
It is
recommended that the person seek legal advice and help from law enforcement authorities if they have been the victim
of cyberstalking or harassment. With reference
to the current legal framework, they can offer
the most recent
information and help.
9. REFERENCES:
1. India Code [ipc_act.pdf (indiacode.nic.in)] \ (last
visited January 28,2024,6:34pm)
2. India Code [India Code: INFORMATION TECHNOLOGY(AMENDMENT) ACT, 2008] \ (last
visited January 28, 2024,
6:40pm)
3.
India Code [THE CODE OF CRIMINAL PROCEDURE, 1973 (indiacode.nic.in)]
\ (last
visited January 28, 2024, 6:42pm)
4.
National Commission for Women [National
Commission for Women (ncw.nic.in)]
\ (last
visited January 28, 2024,6:45pm)
5. Bare Acts
Live [Information Technology (Intermediaries Guidelines) Rules, 2011 (bareactslive.com)] \ (last visited January 28,
2024, 6:47pm)
6. Indian -
Computer Emergency Response Team [Indian - Computer Emergency Response
Team (cert-in.org.in)] \ (last
visited January 28,6:47pm)
7.
[7] CC No. 4680 of 2004
8.
[8] CM APPL. No. 33474 of 2016
9. United
States Department of Justice [Western District of New York | Michigan Man Indicted on Charges of Cyberstalking
and Production of Child Pornography | United States Department of Justice]
\ (last visited January 28, 2024, 6:50pm)
10. Times of
India [Delhi man uploads minor girl's private pictures online to defame family,
held | Delhi News - Times of India
(indiatimes.com)] \ (last visited January 28, 6:53pm)
11. Times of
India [Minor falls prey to cyberstalker, attempts suicide in Rajkot | Rajkot News - Times of India
(indiatimes.com)] \ (last visited January 28, 2024, 6:55pm)
Article Information
CYBERSTALKING AND WAYS TO PREVENT IT BY: AAYUSHI ARYA
Authors: AAYUSHI ARYA
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/02/28
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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