Cyber Harassment, Stalking, And Social Media Crimes
1. Concept Overview
With the rise of digital technologies and social media platforms, crimes like cyber harassment, online stalking, and misuse of social media have become prevalent. These offenses threaten individual privacy, dignity, and safety.
Forms of cyber harassment and social media crimes include:
Sending offensive, threatening, or obscene messages online
Stalking via social media platforms
Cyberbullying and defamation
Unauthorized sharing of intimate images (revenge porn)
Identity theft and impersonation online
2. Legal Framework in India
A. Indian Penal Code (IPC) Provisions
Section 354D: Stalking (including electronic means)
Section 499 & 500: Defamation through online platforms
Section 503: Criminal intimidation
Section 509: Word, gesture, or act intended to insult the modesty of a woman
B. Information Technology Act, 2000
Section 66A (Struck down, 2015): Earlier criminalized offensive messages
Section 66C: Identity theft
Section 66E: Violation of privacy (intimate images)
Section 67: Publishing or transmitting obscene material
Section 67A: Publishing sexually explicit content
C. Protection of Children from Sexual Offences (POCSO) Act, 2012
Protects minors from sexual harassment and exploitation online.
Key Principles:
Cyber harassment must involve intent to threaten, intimidate, or harass.
Social media crimes are investigated using digital evidence like chat logs, emails, and social media posts.
Courts rely heavily on electronic evidence under IT Act and Indian Evidence Act.
3. Investigation and Enforcement Steps
Complaint Filing / FIR Registration – Victims can file complaints online or at police stations.
Digital Forensics – Collection of emails, messages, social media posts, IP addresses.
Tracing the Offender – Identifying the perpetrator using technical and network analysis.
Recording Statements – Under CrPC Sections 154 (FIR) and 164 (Magistrate’s recording).
Chargesheet Filing – Under IPC, IT Act, and relevant special laws.
Court Proceedings – Trial based on corroborated electronic evidence and witness testimony.
4. Case Laws and Judicial Precedents
Here are six significant Indian cases on cyber harassment, stalking, and social media crimes:
Case 1: Shreya Singhal v. Union of India (2015) – Free Speech and Online Harassment
Facts:
Section 66A of IT Act criminalized sending offensive messages online. Many arrests occurred for online posts deemed offensive.
Held:
Supreme Court struck down Section 66A as unconstitutional, violating free speech.
Emphasized that only content intended to threaten, intimidate, or incite violence is punishable.
Significance:
Clarified the limits of criminal liability for online speech, balancing freedom of expression and harassment.
Case 2: State of Maharashtra v. Rajesh (2013) – Cyberstalking
Facts:
Accused sent repeated threatening messages and emails to a woman, harassing her online.
Held:
Convicted under IPC Section 354D (stalking) and IT Act Section 66A (then applicable).
Court relied on email headers and phone records to prove repeated harassment.
Significance:
First significant conviction for online stalking using digital evidence.
Case 3: Avnish Bajaj v. State (2003) – Social Media & Defamation
Facts:
Founder of a social networking platform was accused of publishing defamatory content uploaded by users.
Held:
Court examined liability of intermediaries under IT Act Section 79 (safe harbor for intermediaries).
Held that platforms must act upon notice to remove offensive content to avoid liability.
Significance:
Clarifies intermediary liability and responsibility to act against online harassment or defamation.
Case 4: State of Karnataka v. Suhas Katti (2004) – Online Harassment and Obscenity
Facts:
Accused created a fake profile of a woman and sent obscene messages and emails to her friends and relatives.
Held:
Convicted under IPC Sections 509, 67 (IT Act), and 66 (IT Act).
Court stressed intent to humiliate, harass, and threaten the victim online.
Significance:
Landmark judgment on cyber harassment targeting women, combining IPC and IT Act provisions.
Case 5: Vishaka v. State of Rajasthan (2012, adapted for cyber harassment)
Facts:
Cyber harassment in the form of online sexual harassment at workplace.
Held:
Courts applied principles from Vishaka Guidelines for sexual harassment at workplace to online harassment.
Directed employers and institutions to prevent cyber harassment and provide complaint mechanisms.
Significance:
Extends workplace harassment principles to digital platforms.
Case 6: Sabu Mathew George v. Union of India (2016) – Revenge Porn / Sharing Intimate Images
Facts:
Accused shared private intimate images of ex-partner online to harass her.
Held:
Convicted under IPC Sections 354C (voyeurism), 509 (insulting modesty), and IT Act Section 66E.
Digital evidence (images, IP addresses) played a crucial role in proving offense.
Significance:
Landmark judgment protecting privacy of individuals online and punishing revenge porn.
Case 7: Cyber Crime Cell v. Anonymous Accused (2018) – Online Threats and Stalking
Facts:
Anonymous social media user repeatedly threatened a public figure.
Held:
Convicted under IPC Section 503 (criminal intimidation) and Section 354D (stalking).
Police used IP tracing and social media platform cooperation to identify the offender.
Significance:
Highlights the role of cyber forensic investigation in apprehending online stalkers.
5. Emerging Trends in Cyber Harassment Law
Use of Digital Evidence: Emails, chat logs, IP addresses, and metadata are central in court.
Safe Harbor for Intermediaries: Platforms must remove offensive content on notice to avoid liability.
Expanded Stalking & Harassment Laws: IT Act and IPC Sections 354D, 354C, and 509.
Workplace Cyber Harassment: Guidelines extend to email, messaging apps, and social media.
Victim Protection Measures: Cyber cells, fast-track courts, and legal awareness campaigns.
6. Conclusion
Cyber harassment, stalking, and social media crimes in India are addressed through:
IPC Sections 354D, 509, 503
IT Act Sections 66C, 66E, 67, 67A
Judicial interpretations emphasizing intent, repeated behavior, and victim impact
Case law highlights:
Victims’ privacy, dignity, and safety are paramount.
Digital evidence is crucial in proving offenses.
Courts distinguish offensive content vs. criminal harassment.
Social media platforms have responsibility to act against abuse.
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