Open Access Research Article
LAWS RELATED TO CYBER STALKING IN INDIA
Published Paper
Article Details
AUTHORED BY - ASST. PROF VAIBHAV DHAROD
OBJECTIVES
1. Evaluate the effectiveness of current
cyber stalking laws in India.
2. Assess law enforcement practices and
challenges in addressing cyber stalking incidents.
3. Investigate the socio-legal impact of
cyber stalking on victims and society.
4. Recommend reforms to improve the
legal framework for combating cyber stalking in India.
RESEARCH QUESTIONS
1. How do existing cyber stalking laws
in India compare with international standards, and what gaps exist in their
coverage and enforcement?
2. What are the key challenges faced by
law enforcement agencies in identifying, investigating, and prosecuting cyber
stalking cases in India?
3. What are the psychological, social,
and legal ramifications of cyber stalking on victims and society in the Indian
context?
4. How can the Indian legal framework be
strengthened to better address emerging forms of cyber stalking and protect
individuals from online harassment?
RESEARCH METHODOLOGY
The Methodology adopted for the above research is Doctrinal in nature as
the author has referred to the already existing literature such as Books, Articles, Journals and Landmark
Judgements.
LITERATURE REVIEW
The present investigation, undertaken by Louise Ellison and Yaman Akdeniz, scrutinises the characteristics of online harassment and further prompts
an assessment of the adequacy
of the safeguards offered to victims
by existing legislation. The study emphasises the difficulties law enforcement
agencies are presently encountering due to the internet, in addition to its both favourable and unfavourable societal
ramifications. There is a potential for the legal framework to safeguard both the freedom
of speech and the right to privacy. Furthermore, the research endeavours to examine covert
protection measures against
cyberbullying that are prohibited by legislation.
Amy C. Radosevich, The research encompassed various subjects,
including the historical development of stalking, the extent of cyber stalking,
the impact on victims, the classification of stalkers, the enactment of criminal legislation, and the progress made by state and federal
governments concerning civil
stalking.
Additionally, legislation to prevent stalking
was addressed. It was suggested
that law enforcement agencies enhance their training
and collaboration, augment
their utilisation of technology for victim protection, and implement comprehensive community education and awareness
campaigns, in accordance with the study's findings.
ABSTRACT
Cyber stalking, a prevalent form
of online harassment, poses significant challenges in the digital age,
impacting individuals' privacy, safety, and well-being. This paper provides a
concise examination of the legal framework concerning cyber stalking in India.
Firstly, it evaluates the effectiveness
and scope of existing
laws, including provisions
within the Information Technology Act, 2000, alongside
international standards. Secondly, it investigates the practical implementation
of these laws, highlighting challenges faced by law enforcement agencies in addressing
cyber stalking incidents.
Finally, it proposes recommendations for legal reforms
to strengthen the Indian legal
framework, aiming to combat cyber stalking effectively and safeguard individuals' rights in the digital realm.
Through this concise analysis, the paper offers
insights to policymakers, law enforcement agencies, and stakeholders for the
formulation of more robust strategies to tackle the evolving challenge of cyber
stalking in India.
INTRODUCTION
Cyber stalking, a pervasive
and insidious form of online
harassment, has emerged
as a pressing concern
in the digital age, transcending geographical boundaries and
infiltrating individuals' private lives through digital mediums. In India,
where rapid technological advancements have spurred
widespread internet access and digital connectivity, cyber
stalking poses unique challenges to
personal security, privacy, and societal well-being. As such, understanding the
legal framework governing cyber stalking in India is crucial for effectively addressing
this growing menace.
This introduction serves as a
primer on the laws related to cyber stalking in India, providing an overview of
the legislative landscape, the evolving nature of cyber threats, and the
implications for individuals and society. It sets the stage
for a comprehensive exploration of the subject,
delineating the scope,
significance, and objectives of the research.[1]
The Information Technology Act, 2000, forms the cornerstone of cyber
law in India, providing the legal framework for
addressing various cybercrimes, including cyber stalking.
Over the years, amendments and judicial interpretations have sought to adapt the legislation to the evolving
nature of cyber threats, reflecting the government's commitment to
combating online harassment and ensuring digital safety.
However,
despite legislative efforts,
cyber stalking remains
a prevalent and underreported phenomenon in India,
with numerous challenges hindering effective enforcement and prosecution.
Factors such as jurisdictional complexities, technological limitations, and
societal attitudes towards online harassment contribute to the persistence of
cyber stalking incidents, exacerbating the vulnerability of individuals,
particularly women and marginalized communities.
Moreover, the proliferation of social media
platforms, messaging apps, and online forums has facilitated the proliferation
of cyber stalking, necessitating a multifaceted approach to address the issue
comprehensively. Beyond legal
interventions, awareness
campaigns, digital literacy
initiatives, and victim support services play a crucial
role in combating cyber stalking and fostering a safer online environment.
Against this backdrop, this research
endeavors to analyze the efficacy of existing laws, examine law enforcement practices, and explore the socio-legal implications of cyber stalking
in India. By shedding light on the challenges and opportunities
inherent in the legal framework, this study aims to inform policy discussions, guide law enforcement strategies, and advocate
for reforms to better protect
individuals' rights and
dignity in the digital realm.
LEGISLATIVE FRAMEWORK AND ITS SHORTCOMINGS
This section will specifically address the
legislative provisions mentioned in Indian laws, namely the Information
Technology Act of 2000 and the Indian Penal Code of 1860. It is necessary to
provide a thorough explanation regarding the connection between
these rules and cyberstalking, including the specific
sections that allow for charges
to be brought against the person responsible. Given the perception of women as the most
susceptible individuals in society, the legislators of India have prioritised
safeguarding their well-being as the
main goal of every law. Consequently,
laws demonstrate a prejudice that puts women at a disadvantage. The
current legislation lacks provisions that specifically address the problem of
cyberstalking. In contrast, the author has attempted to clarify specific
sections of the Indian Penal Code and the
Information Technology Act that
are indirectly linked to this violation. The explanation focuses on the connection between these
provisions and the aforementioned offence.[2]
This section will provide additional details on the Indian legislation pertaining to cyberstalking.
Section 354D of the
Indian Penal Code provides the initial definition of the term "stalking". The provision
defines stalking as the act of a man who persistently follows a woman and tries
to establish contact with her, even after she has clearly shown disinterest. It
also includes monitoring her use of electronic communication platforms such as
the internet, email, or any similar method.
The specific portion
in question was included in the Criminal
Amendment Act of 2013 as a direct response
to the gang-rape incident that occurred in Delhi. This section offers a comprehensive examination of both the
physical and digital manifestations of stalking. The section defines the
boundaries by specifying the behaviours that meet the criteria for the illegal act
of "stalking." Stalking is unequivocally defined as any deliberate attempt
to surveil the online actions
of a woman, expressed in a clear and concise
manner. If the stalker engages in any of the
activities described in Section 354D of the Indian Penal Code, he will be
considered responsible for the offence and held accountable.
This section exhibits multiple inaccuracies, one of which is its narrow concentration on "women" as victims,
disregarding the potential for men to also be victimised. This exemplifies
the various limitations inherent in this specific sector. According to the conditions specified in
this section, an individual is considered to be engaging in cyber stalking if
they make an effort to monitor a female's electronic communication activities using
the Internet, email, or any other electronic medium. Evidently, its focus is solely on women.
Therefore, legislation demonstrates a prejudice that puts women at a
disadvantage. Furthermore, the legislators have not addressed the term
"method of monitoring" throughout this proceeding. Although the individual may not have had
malicious intent, his behaviour could still be categorised as stalking.
Moreover, Section 292 of the Indian Penal
Code provides a precise definition of the term "obscenity".
Cyberstalking, as defined by the law, involves sending explicit content to a
specific individual through social networking sites, email, instant messaging,
or other forms of communication. A conviction for the offence of
"stayer" under Section 292 of the Indian Penal Code occurs when
someone intentionally transmits obscene material through the internet with the
explicit intention of corrupting the recipient and compelling them to read,
watch, or listen to such material.
Section 507 is the third provision of the
Indian Penal Code that deals with the crime of "criminal intimidation by anonymous communication." This section stipulates that it is a
criminal act for the stalker to deliberately conceal his identity with the aim
of impeding the victim from identifying the origin of the threat. This
guarantees the distinct feature that defines cyberstalking, which is the
anonymity of the perpetrator. Regarding this specific section,
the responsibility is assigned to the stalker
who tries to conceal
their identity.[3]
In addition, with regards to the modesty of
women, Section 509 of the Indian Penal Code states the following: "Any word, gesture, or act that is intended
to insult the modesty of a woman - whoever,
with the intention of insulting the modesty of any woman,
speaks any word,
makes any sound or gesture,
or displays any object with
the purpose of being heard or seen by said woman, or who invades the privacy of
said woman, shall be held accountable for the following offence."
According to the stipulations of this
section, a person who participates in stalking can be reported if their
behaviour in any manner violates
the privacy of a woman. This can happen through verbal or nonverbal communication transmitted through
emails, messages, or social media posts. If any of these activities are
performed, he will be found guilty of an offence as defined in Section 509 of
the Indian Penal Code.
Section 509 is plagued by a wide range of shortcomings. Some of these include the following: the provision
exhibits gender bias by neglecting the gender-neutral aspect
of cyberstalking and the fact that men can also be
victims of such crimes, instead
prioritising the protection of women's modesty.
In order to comply with the
requirements of this section, the words, sound, or gesture
must be visually
depicted, audibly transmitted, and verbally articulated,
respectively. The inherent constraints of the internet, such as its inability
to perceive auditory signals, visual cues, and gestures, allow cyberstalkers to
easily evade the specified penalties outlined in this specific
section. Lastly, it is not possible
to infer from the
online discussions that the woman's modesty was the specific
objective.
Furthermore, Section 292 of the Indian Penal
Code is replicated in Section 67 of the Information Technology Act of 2000. This section examines the
dissemination of explicit content in "digital format". Therefore,
this section specifically deals with the issue of cyberstalking. Under Section
67 of the Information Technology Act, a stalker
is considered to have committed an offence when they intentionally publish explicit material
about the victim on digital platforms, such as social media, with the intention
of intimidating them.
Section 67A of the Information Technology Act of 2000 specifically deals with a
specific aspect of the offence of cyberstalking, ranking it in the sixth
position. After the amendment in
2008, this section was added immediately afterwards. According to the document,
individuals who participate in stalking are breaking Section 67A of the Information Technology Act and will be subject to suitable
penalties if they electronically distribute "sexually explicit"
content, whether through social media platforms, emails, or messages.[4]
Section 67B of the Information Technology
Act of 2000 was recently incorporated into the statute, constituting our
seventh point. This section was recently included as a result of the Amendment
Act of 2008. This section focuses on instances where a stalker disseminates
material depicting individuals under 18 years old participating in sexual acts,
with the clear purpose of intimidating the minors.
Section 354C states
that any man who observes
or records a woman engaging
in a private act, in a situation where she would reasonably expect not to be observed
by the perpetrator or anyone else at the perpetrator's request, and regardless of
whether or not he shares the recorded image, will be subject to punishment.
To provoke
depressive symptoms and
instill a sense of peril
in the target, the stalker
may illicitly infiltrate the victim's social media
account and publicly disclose personal images of the victim. Both of the
aforementioned sections are intended to enable the dissemination or capturing
of private activities of individuals without their consent. Those
who make an attempt to do so are engaging
in a violation according to the provisions of these
sections. In contrast, Section 66E takes a broader perspective by defining the
victim as "any person," whereas Section 345C shows a noticeable
favouritism towards women, aligning with preexisting assumptions. In order to
meet the criteria of being the target according to section 354C, the individual in question must be a "female."It is important to recognise that while offline
laws fully apply to
digital media, the penalties specified
in the Information Technology Act are significantly harsher ("14").
It is important to recognise that the Information Technology Act assigns
significant importance to the physical appearance and sexual orientations of women. Section
66A of the Act specifically addresses a wide range of "offensive
messages."
Voyeurism is specifically covered by Section
354C of the Indian Penal Code. The scope of this section is relatively limited
due to the requirement that the individual must be of the female gender in
order to be eligible. Section 66E of the Information Technology Act
addresses voyeurism, but its coverage is broader than that of Section
354C of the Indian Penal Code. Section
66E employs the term "any
person" to refer to
the victim. Therefore, in order for the victim to qualify for compensation
under this provision, it is not solely based on their gender as being a
"woman." If the male individual is a victim, he has the option to
initiate legal proceedings for compensation under Section 66E of the Information Technology Act of 2000.
Neither the Indian Penal Code of 1860 nor
the Information Technology Act of 2000 explicitly address the issue of cyberstalking, which
involves the stalker following the victim through messages, phone calls,
emails, or blog posts while assuming the victim's identity and disseminating
defamatory or threatening messages. It is possible to impose penalties on the
offender based on specific provisions mentioned in the Acts mentioned earlier.
However, these provisions have already been discussed in previous chapters.
However, there is no specific provision that applies to this specific offence. While the process of carrying out this
offence may be straightforward, the consequences are long-lasting and
significant. This has the potential to adversely impact the victim's
mental and physical
well-being. In order to ensure
the well-being of the victim,
it is essential to increase the allowable punishment under the current
provisions.
LANDMARK JUDGEMENTS
The incident marked the first recorded case of cyber stalking in India,
with Ritu Kohli being the specific target. Ritu Kohli was involved
in a romantic relationship with Manish Kathuria.[5] Ritu
Kohli was the target
of Manish Kathuria, who allegedly intended to cause harm. By impersonating her,
he spread explicit messages to numerous recipients. He disseminated her address
and contact information to multiple individuals. She began receiving messages
from individuals that were extremely bothersome. He was charged with violating section
509 of the Indian Penal Code when
he was arrested. Since then, a countless
number of cyber stalking incidents have occurred throughout the country, and
this danger appears to be ongoing without a definite end.
The decision in the case of Justice
K.S. Puttaswamy and Others vs. Union of India (UOI) and Others[6] confirmed that the right
to privacy is a fundamental right protected by Article 21 of the Indian Constitution. Participating in stalking infringes upon this entitlement. In addition to inducing fear, another consequence of this
phenomenon is a scarcity of social interaction. Not only do stress and trauma
have consequences, but they also lead to undesirable changes in behaviour and
psychology. Implementing multifactor authentication is an effective method to decrease
the likelihood of being stalked.
Instead of depending
only on a username and password, this authentication method necessitates
the inclusion of two or more supplementary factors for a successful account
login. To protect the data, one can install and regularly update software
specifically designed to prevent data leakage. Avoid adding the GPS location
tag to Instagram posts, as it could potentially allow an online stalker to
track the person's physical location.
In 2010, the Central Bureau of Investigation reported that Santosh Kumar Singh Priyadarshini Mattoo[7], a 25-year-old law student,
was the victim of a murder, rape,
and stalking incident
at her home in New Delhi,
for which the State was found accountable. The third-year law student had experienced persistent instances of harassment and stalking from Mr. Santosh Singh, her
superior at the campus law centre in Delhi. Mr. Singh was the offspring of a
former Indian Police Service (IPS) officer. He faced multiple complaints
accusing him of engaging in consistent stalking, harassment, threats, and
inappropriate advances towards her. An FIR was filed at the Maurice Nagar
Police Station, charging the accused under Section 354. Afterwards, the perpetrator was apprehended and subsequently released
on a bail bond. The university dean received a formal complaint and
subsequently requested that the defendant refrain from participating in similar
activities in the future. Additionally, considering the gravity of the
situation, private security personnel were sent to the victim's whereabouts.
The Bombay High Court deliberated on the issue of female suicide in the
2016 case of Shri Deu Baju Bodake v. The State
of Maharashtra[8]. The woman concluded that the relentless harassment and stalking
she experienced from the perpetrator were the main factors that led to her suicide. Furthermore, the defendant
engaged in persistent harassment and stalking of the individual during her
working hours. Additionally, despite her clear disinterest and opposition, the
defendant persistently demanded that they enter into a marital union. In order to impose penalties
on the defendant, the High Court ruled that Section
354D must be documented in
conjunction with the charge of assisting and encouraging suicide.
FINDINGS
The examination of laws related to cyber stalking in India illuminates a
complex and evolving landscape characterized by legislative frameworks,
enforcement practices, and socio-legal implications. Central to this framework
is the Information Technology Act, 2000, augmented by subsequent amendments and
regulations, which serves as the primary legal mechanism for addressing
cybercrimes, including stalking. While the Act
lays down essential provisions for prosecuting offenders, including those
engaged in cyber stalking, challenges persist in its practical application.
Ambiguities surrounding jurisdiction, inadequate definitions, and procedural
hurdles impede effective prosecution, often resulting in underreporting and
impunity for perpetrators.
Enforcement practices across India exhibit significant variations,
reflecting the diverse technological and resource landscapes of different
jurisdictions. Law enforcement agencies contend with a myriad of challenges,
including limited awareness about cyber laws among personnel, inadequate
training, and the absence of specialized units or dedicated cybercrime cells.
These challenges impede the timely investigation and resolution of cyber
stalking cases, exacerbating the plight of victims seeking justice and redressal.
Beyond the legal and enforcement realms, cyber stalking
in India carries
profound socio-legal implications, impacting individuals and
society at large. Victims, particularly women and marginalized communities,
endure not only the immediate psychological trauma and fear resulting from
cyber stalking but also face social ostracization, economic repercussions, and
long-term emotional scars. Furthermore, prevailing societal attitudes often
minimize or dismiss online harassment, perpetuating a culture of victim-blaming
and stigma surrounding cybercrimes.
In light of these findings, several recommendations emerge
to strengthen the legal framework and enhance
enforcement mechanisms to effectively combat cyber stalking in India. This
includes clarifying and expanding legal definitions to encompass emerging forms
of online harassment, establishing specialized cybercrime investigation units,
and enhancing the capacity of law enforcement agencies through training and
technological resources. Additionally, raising public awareness through
education campaigns, promoting digital literacy, and providing support services
for victims are essential steps in addressing the socio-legal dimensions of
cyber stalking. Moreover, advocating for international cooperation and
coordination is crucial to address cross-border cyber stalking cases and
enhance cybercrime deterrence effectively.
CONCLUSION
To bring about change in the current
situation, it is crucial to discard the outdated approach
and establish a new
framework that is both
effective and efficient.
Cyberstalking is a remarkably innovative concept. The judicial and legislative branches have
recently shown interest in it. On multiple occasions, it has been imperative to implement efficient legislation. This is because law enforcement agencies
encounter substantial
obstacles when dealing with incidents of this nature. There is a general
agreement that cyberstalking is a serious offence. The repercussions are
significant and extensive, impacting the victim's psychological and
physiological welfare. This article aims to provide a comprehensive analysis of
the concept of "cyberstalking," including its characteristics and the
degree to which it can be employed.
While some argue that it is an extended form of cyber stalking or a new
manifestation of stalking, its characteristics appear to go beyond these
classifications. As for the offence
itself, it is a new and unique occurrence. The stalker's objective is to engage in persistent and menacing behaviour towards the targeted individual. Consequently, it is
associated with illegal behaviour. Many countries have enacted laws regarding
this topic. Currently, there is no single provision that has the ability to
effectively address the cases that are being discussed. India does not have any
legislation that specifically addresses this matter. Several provisions of the
Indian Penal Code and the Information Technology Act may be relevant to this cybercrime, thus enabling the prosecution of the stalker
under those provisions. The current deficiencies in the legislative measures adopted by countries to address
this criminal activity are as follows. Due to the considerable geographical
distance that may extend across multiple countries, only a limited number of
cases have been reported involving stalkers and their victims. This case arose
due to the failure of law enforcement authorities to take into account the
circumstances. This increasingly complicates the determination of which country's
legal system should be followed. We should not only avoid relying solely on legislative provisions, but also
actively work to prevent such
circumstances from occurring. The
adage "Prevention is more desirable than treatment" has been
unequivocally substantiated. In order to ensure our personal safety, it is crucial that we follow
specific precautions. If such a situation occurs,
we must comply with the requirements
of the law. Therefore, it is advisable that
we implement preventive measures on our part.
[1]
https://blog.ipleaders.in/landmark-judgments-on-offences-against-women-under-indian-penal-code-1860/#Ritu_Kohli_Case.
[2] https://indiankanoon.org/doc/127517806/.
[3]
https://blog.ipleaders.in/overview-of-section-509-of-the-indian-penal-code-1860/
[5] 2023:AHC:102950.
[6] AIR 2018 SC (SUPP) 1841.
[7] Cbi on 6 October, 2010.
[8] Criminal Bail Application No. 2165 of 2016.
Article Information
LAWS RELATED TO CYBER STALKING IN INDIA
Authors: ASST. PROF VAIBHAV DHAROD
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/02/07
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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