Digital Harassment Complaint Procedures
What is Digital Harassment?
Digital harassment refers to the use of electronic means—such as social media, emails, messaging apps, and other online platforms—to harass, threaten, intimidate, or stalk a person. It includes cyberstalking, online bullying, sending offensive messages, sharing private information without consent, and sending sexually explicit or threatening content.
Legal Provisions Governing Digital Harassment in India
Indian Penal Code (IPC)
Section 354A: Sexual harassment and punishment for sexual harassment
Section 354D: Stalking, including cyberstalking
Section 499 and 500: Defamation
Section 507: Criminal intimidation by anonymous communication
Information Technology Act, 2000 (IT Act)
Section 66A (struck down but historically relevant)
Section 66E: Violation of privacy
Section 66F: Cyber terrorism
Section 67: Publishing obscene material in electronic form
Section 67A and 67B: Publishing sexually explicit material, including child pornography
Step-by-Step Procedure to File a Digital Harassment Complaint
Gather Evidence:
Save all offensive messages, screenshots of chats, emails, social media posts, timestamps, and URLs.
Note the identity of the harasser if possible.
File Complaint Online or Offline:
Use the National Cybercrime Reporting Portal (https://cybercrime.gov.in/) to lodge complaints related to digital harassment.
File a First Information Report (FIR) at the local police station if the offense is serious or involves threat or violence.
Approach Cyber Crime Cells:
Many states have specialized cybercrime units to handle such complaints.
Legal Notice/Order to Intermediaries:
Request removal of offensive content by reporting to social media platforms.
If needed, approach the courts for interim relief like injunctions to take down defamatory or harassing material.
Follow Up:
Track the complaint status on the portal or police station.
Cooperate with investigation and provide additional evidence if required.
Legal Recourse:
File a civil suit for damages or defamation if necessary.
Seek protection orders under relevant criminal laws.
🧑⚖️ CASE LAWS ON DIGITAL HARASSMENT (DETAILED)
🔹 Case 1: Shreya Singhal v. Union of India (2015) – Supreme Court
Facts:
Challenge to Section 66A of the IT Act for criminalizing sending offensive messages online.
Legal Issue:
Whether Section 66A violated freedom of speech guaranteed under Article 19(1)(a) of the Constitution.
Judgment:
Section 66A was struck down for being vague and unconstitutional.
Significance:
Though Section 66A was removed, victims still have protection under other sections of the IPC and IT Act, and must use precise provisions to file complaints against digital harassment.
🔹 Case 2: K.P. Sasi v. State of Kerala (2019) – Kerala High Court
Facts:
Petitioner alleged harassment through abusive posts on social media targeting him and his family.
Outcome:
The Court directed police to register an FIR and investigate promptly under relevant IPC and IT Act sections.
Significance:
Emphasized that authorities must act swiftly on digital harassment complaints and not delay registration of FIRs.
🔹 Case 3: T. Suresh v. State of Tamil Nadu (2020) – Madras High Court
Facts:
Victim was cyberstalked and received sexually explicit and threatening messages on WhatsApp.
Judgment:
Court recognized cyberstalking as a serious offense under Section 354D IPC and ordered immediate investigation.
Significance:
Reinforced that digital harassment, especially with sexual content or threats, is punishable and warrants urgent police action.
🔹 Case 4: Anjali v. State of Rajasthan (2021) – Rajasthan High Court
Facts:
The complainant faced online defamation and dissemination of private photos without consent.
Legal Provisions:
Sections 66E and 67 of IT Act, Sections 499 and 500 IPC.
Judgment:
The Court held the accused liable and granted an injunction ordering the removal of defamatory content from all platforms.
Significance:
Underlined courts’ willingness to provide interim relief to victims of digital harassment.
🔹 Case 5: XYZ v. Union of India (2022) – Delhi High Court
Facts:
A petition seeking better mechanisms for victims of online harassment and stalking.
Judgment:
The Court directed the government to enhance awareness programs and expedite complaint redressal via the National Cybercrime Reporting Portal.
Significance:
Judicial encouragement for strengthening cybercrime infrastructure to protect victims of digital harassment.
🔹 Case 6: Laxmi v. Union of India (2019) – Bombay High Court
Facts:
A woman complained of persistent cyberstalking and threats after rejecting a suitor online.
Judgment:
Court issued guidelines for police to treat cyber harassment complaints with seriousness and suggested formation of specialized cybercrime cells.
Significance:
Helped in institutionalizing protocols for digital harassment complaints.
📌 SUMMARY
| Step | Description |
|---|---|
| Evidence Collection | Screenshots, chat logs, emails, timestamps |
| Complaint Filing | Online via National Cybercrime Portal or police station |
| Police Investigation | FIR registration and inquiry |
| Intermediary Action | Request content removal from social media platforms |
| Judicial Relief | Injunctions, damages, protection orders |
| Follow-Up | Track complaints, cooperate with investigation |
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