Cyberstalking Offences
๐จ What is Cyberstalking?
Cyberstalking is the use of the internet, digital platforms, or electronic communication to stalk, harass, or intimidate a person, often persistently and without consent. It is a form of online harassment, and it may include:
Sending repeated, unwanted messages via email, social media, or messaging apps
Tracking someoneโs online activities
Creating fake profiles to monitor or defame someone
Posting obscene or defamatory content about someone
Hacking into social media accounts or emails
Threatening or blackmailing using digital platforms
๐ Legal Provisions for Cyberstalking in India
| Law / Section | Description |
|---|---|
| Section 354D IPC | Specifically criminalizes stalking, including online following and contact attempts |
| Section 67 IT Act, 2000 | Punishes publishing/transmitting obscene material electronically |
| Section 66E IT Act | Addresses violation of privacy via electronic means |
| Section 507 IPC | Criminal intimidation using anonymous or digital communication |
| Section 509 IPC | Insulting the modesty of a woman through word/gesture (including online) |
๐ Key Elements of Cyberstalking
Repetition: It involves repeated acts.
Harassment: Causes fear, distress, or invasion of privacy.
Intent: The perpetrator acts with intent to harass or threaten.
Electronic Medium: Conduct occurs via email, chat, social media, etc.
๐งโโ๏ธ Major Case Laws on Cyberstalking in India
Here are 6 landmark or illustrative cases that show how Indian courts have handled cyberstalking and related offences:
โ๏ธ 1. Kalandi Charan Lenka v. State of Odisha, 2017 SCC OnLine Ori 283
Facts: A girl was stalked online; morphed pictures were posted on social media; she received threatening messages.
Held: The Orissa High Court acknowledged that the use of digital platforms for stalking and harassment amounts to cyberstalking.
Significance: This case was crucial in reinforcing Section 354D IPC for online stalking and Section 67 IT Act for obscene content.
โ๏ธ 2. Shreya Singhal v. Union of India, (2015) 5 SCC 1
Facts: Challenge to Section 66A of the IT Act (now struck down), which criminalized offensive online messages.
Held: Section 66A was unconstitutional for being vague and violating free speech. However, the court stressed the need to use existing IPC provisions for genuine cases of cyberstalking, harassment, or threats.
Significance: Established that harassment must be addressed under proper sections (e.g., 354D, 507 IPC) and not through vague laws.
โ๏ธ 3. Souvik Ghosh v. State of West Bengal, 2015 (Cal HC)
Facts: A college student was accused of creating fake profiles of a female student and sending obscene messages.
Held: The court emphasized that cyberstalking includes impersonation, misuse of identity, and repeated online harassment.
Significance: Applied Section 66C and 66D (identity theft and cheating by personation using computers), along with IPC provisions.
โ๏ธ 4. State of Tamil Nadu v. Suhas Katti, 2004
Facts: One of the first Indian cases of cyberstalking, where the accused posted obscene messages on a Yahoo group targeting a woman.
Held: The accused was convicted under Section 67 of the IT Act, 509 IPC, and Harassment laws.
Significance: First successful conviction for cybercrime involving harassment through emails and chat rooms.
โ๏ธ 5. Mahender Bansal v. State (NCT of Delhi), 2017
Facts: A woman received threatening and abusive WhatsApp messages from her ex-boyfriend.
Held: Delhi court took serious note of persistent digital contact, issuing directions for FIR and arrest under Section 354D and 506 IPC.
Significance: Reaffirmed that WhatsApp and mobile messages can constitute cyberstalking.
โ๏ธ 6. Manik Taneja v. State of Karnataka, (2015) 7 SCC 423
Facts: The accused posted critical comments about traffic police on Facebook.
Held: The court held that not every online comment amounts to harassment or threat. Intent is key.
Significance: This case differentiated legitimate criticism from cyber harassment, ensuring the law is not misused.
๐ก๏ธ Preventive & Investigative Measures
Filing FIR under IPC or IT Act
Preserving digital evidence: Emails, screenshots, messages
IP address tracking and digital forensics
Cyber Cells in every state investigate such cases
Womenโs helplines and complaint platforms like NCW and Cyber Crime Portal
๐ Summary Table
| Case Name | Key Legal Sections | Importance |
|---|---|---|
| Kalandi Charan Lenka | 354D IPC, 67 IT Act | First major HC ruling on cyberstalking |
| Shreya Singhal | 66A (struck down), IPC | Clarified misuse of vague cyber laws |
| Souvik Ghosh | 66C, 66D IT Act | Fake profiles & impersonation as stalking |
| Suhas Katti | 67 IT Act, 509 IPC | First cyberstalking conviction |
| Mahender Bansal | 354D IPC, 506 IPC | WhatsApp messages as stalking |
| Manik Taneja | 66A (prior to being struck) | Differentiated criticism from harassment |
โ Conclusion
Cyberstalking is a punishable criminal offence in India under various sections of the IPC and IT Act. Indian courts have recognized the mental trauma, privacy invasion, and public shaming associated with cyberstalking, especially against women.
The legal framework is robust enough, but awareness, timely reporting, and proper evidence collection are essential for justice.
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