Author: Ifrah Fatima, Aligarh Muslim University
To The point
Cybercrime, certainly a mainstream term that in layman’s wordings means “any unlawful activity done by the medium of computers and the internet”. Sounds simple but is a rising issue in today’s century. Where the lives of people are solely based on social media, the rise in cybercrime is prominent. In India, crimes against women have become alarmingly routine and distressingly commonplace. women are increasingly being subjected to unique forms of online abuse that go far beyond simple trolling. From cyberstalking and revenge porn to morphed images, threatening messages, and fake profiles, the internet has become a frightening space for many women, where their dignity and privacy are under constant threat. The rise in such crimes is not only anecdotal. As per the National Crime Records Bureau (NCRB), cases involving cyber harassment of women have grown steadily over the past five years, with thousands of complaints reported annually. While India does have a legal framework in place, primarily through the Information Technology Act, 2000 and certain provisions of the Indian Penal Code now Bharatiye Nyaya Sanhita 2023, the truth is that these laws have failed to keep pace with the rapid growth and complexity of online abuse. Victims often face a slow legal process, poor police response, and a lack of awareness about their rights. In many cases, even filing a complaint becomes an ordeal, making justice feel like a distant dream. Despite a robust legal framework, the Indian legal system falls short in protecting women against increasing cyber threats, due to gaps in implementation, victim protection, and jurisdictional issues.
Use of Legal Jargon
Understanding the legal terms related to cybercrimes is essential to grasp how the law functions in protecting women online. For instance, stalking as per section 78 of BNS 2023 that defines stalking in both physical and cyberspaces. It Addresses the offence of stalking, imposes imprisonment and fines for monitoring or bothering a woman through physical or electronic means. Legally the section 78 (1)(ii) states- Any man who monitors the use by a woman of the internet, e-mail or any other form of electronic communication, commits the offence of stalking.
Also, Section 77 of BNS- specifically concerns the unauthorized capturing or distribution of images depicting a woman’s private parts or intimate acts, which is legally recognized as the offence of voyeurism.
The IT ACT 2000 penalises offenders committing offences laid under the section 66E that specifically pertains to the act- If anyone deliberately takes, shares, or sends images of a person’s private parts without their consent, in situations where the person expects privacy, they can be punished with up to three years in jail, a fine of up to ₹2 lakh, or both.
Key points:
Private parts include genitals, buttocks, or a woman’s breasts, whether naked or covered by undergarments.
Capturing means taking photos, videos, or recordings by any method.
Transmitting means sending such images electronically for others to view.
Publishing means making these images public in print or online.
Privacy is considered violated when someone reasonably expects to be safe from being seen or recorded in intimate situations, whether in a public or private place
The act of Revenge porn, though not explicitly named in Indian statutes, is addressed through Sections 66E and 67A of the IT Act itself.
Offences like doxxing (publishing someone’s private information to intimidate them) and morphing (altering a woman’s image to humiliate or blackmail her) are commonly reported but are often misunderstood.
The Proof
The rising threat of cybercrimes against women is not merely a concern but a confirmed and expanding issue. according to the National Crime Records Bureau (NCRB) 2022 report, India registered over 24,000 cybercrime cases, of which a significant number involved women as primary targets, especially in offences like cyberstalking, online blackmail, and transmission of obscene material. The National Commission for Women (NCW) recorded a steep rise in complaints during and after the COVID-19 lockdowns, revealing how increased internet usage disproportionately exposed women to digital harassment. The National Commission for Women (NCW) received 28,811 complaints related to crimes against women in 2023, with 605 of these pertaining to cybercrimes, underscoring the urgent need for robust legal frameworks and enforcement mechanisms to address this growing menace. One of the most disturbing incidents that shook the country was the ‘Bulli Bai’ and ‘Sulli Deals’ case, where doctored images of Muslim women were illegally uploaded on auction apps, demonstrating the use of technology in fuelling gendered hate and communal targeting. Despite the legal remedies available, such as under Sections 66E and 67A of the IT Act, the conviction rate remains discouragingly low, pointing not just to legal loopholes but to a systemic failure in recognising and responding to gendered cyber violence.
Abstract
This article addresses the escalating incidence of cybercrimes against women in India, highlighting how advancements in digital technology have facilitated new forms of harassment and exploitation. Despite the existence of legal provisions under the Information Technology Act, 2000, and the recently enacted Bhartiya Nyaya Sanhita, 2023, enforcement challenges and procedural delays continue to impede effective redressal for victims. Drawing upon recent official statistics and landmark judicial pronouncements, the article critically examines the shortcomings in current legal mechanisms and advocates for enhanced legislative reforms, expedited judicial processes, and increased public awareness to ensure a safer online environment for women.
Case Laws
Shubham Bansal vs The State ( Govt Of Nct Of Delhi) & Anr
Court: Delhi High Court
Year: 2019
The petitioner was accused after the complainant, a law intern, received numerous harassing calls starting 06.03.2012 and discovered a fake Facebook account in her name created by him. Investigation confirmed the petitioner used his IP address to create the account after their relationship ended. His laptop and phone were seized, and he was charged under Section 66A of the IT Act and Section 509 IPC.
Radhika Apte v. Anonymous
Court: Bombay High Court
Year: 2019
Actress Radhika Apte’s morphed and explicit images were circulated online. The Bombay High Court directed the removal of such content and highlighted the need for stronger laws to protect individuals from digital harassment.
State of Gujarat v. Kishore
Court: Gujarat High Court
Year: 2019
The Gujarat High Court directed YouTube to remove defamatory deepfake videos that featured morphed images of a woman. The court underscored the responsibility of digital platforms in preventing the spread of harmful content
Landmark cases:
Shreya Singhal v. Union of India (2015) – On unconstitutional limits to online speech (66A struck down).
Maneka Gandhi v. Union of India (1978) – Expanded right to life to include dignity and privacy.
K.S. Puttaswamy v. Union of India (2017) – Recognized right to privacy as fundamental.
Rituparna Chakraborty v. Union of India – PIL against revenge porn and urgent regulation.
Bulli Bai and Sulli Deals Case
The Bulli Bai and Sulli Deals incidents represent some of the most disturbing recent examples of cybercrimes targeting women in India, specifically targeting Muslim women with communal hatred and digital abuse. In mid-2021, these two apps were used to post and auction photographs of Muslim women without their consent, often with derogatory and offensive comments. These apps were hosted on GitHub, a popular platform for developers, and were widely shared on social media, causing widespread outrage and fear among the victims and the community at large.
The cases raised significant concerns regarding online safety, privacy, and the misuse of technology to promote hate crimes. The National Commission for Women (NCW) and several cybercrime units took cognizance, leading to arrests of multiple individuals involved. The investigations highlighted gaps in cybersecurity laws and the urgent need for stronger legal safeguards to prevent such communal and gender-based digital harassment.
Conclusion
The increasing prevalence of cybercrimes against women in India reflects a complex challenge that touches upon legal, social, technological, and cultural dimensions. Despite having laws such as the Information Technology Act, 2000, and the Bhartiya Nyaya Sanhita, 2023, these legal frameworks often lag behind the rapidly evolving tactics used by perpetrators online. The harrowing incidents like Bulli Bai and Sulli Deals reveal not only the misuse of technology to humiliate and harass women but also how deeply ingrained biases and communal hatred can be amplified through digital platforms.
Addressing this issue requires much more than just stronger laws. It calls for a coordinated approach involving efficient law enforcement trained in cyber forensics, swift judicial processes that prioritize victim protection, and increased digital literacy so that women and society at large understand how to navigate and safeguard themselves in the online world. Public awareness campaigns, gender-sensitive policing, and support systems for survivors are equally vital. Moreover, tech companies and social media platforms must take proactive responsibility to monitor, regulate, and swiftly remove harmful content.
Ultimately, creating a safe online space for women means fostering a culture of respect, empathy, and accountability across all levels of society. Only by combining legal reform, technological innovation, social awareness, and collective responsibility can we hope to protect women’s dignity and privacy and ensure that the digital world becomes a space of empowerment rather than fear.
FAQS
What is the punishment for cyberstalking under Indian law?
Under Section 78 of the Bharatiya Nyaya Sanhita (BNS) 2023, cyberstalking is punishable with imprisonment of up to three years and/or a fine. This applies when a person repeatedly monitors, follows, or harasses a woman using electronic means such as social media, emails, or messaging platforms. The law aims to protect women from persistent online harassment that invades their privacy and safety.
Can I report online abuse anonymously? Will my identity be protected?
Yes. Victims can file complaints on the National Cyber Crime Reporting Portal (cybercrime.gov.in) without revealing their identity if they wish and feel the most comfortable in. The platform allows users to maintain confidentiality to ensure their safety and prevent further harassment. However, sharing details helps law enforcement investigate and take action more effectively, but living in an orthodox society makes this idea a bit heavy and burdensome to take a stand publically so there are measures provided that ensures full confidentiality of the victims.,
What legal recourse do I have if my private images or videos are shared without consent?
Indian law addresses this under Sections 66E and 67A of the Information Technology Act, 2000, which penalize the unauthorized capture, distribution, or publication of private images or sexually explicit material. Additionally, sections related to sexual harassment (354C, 509 BNS) can apply. Offenders may face imprisonment, fines, or both, depending on the severity of the offence.
What steps should I take if I am a victim of cyber harassment or online abuse?
First, preserve all evidence such as screenshots, messages, or URLs. Then, report the abuse immediately on the National Cyber Crime Reporting Portal or visit your local cybercrime cell. You can also try to approach the National Commission for Women (NCW) for required further assistance. also Seeking legal advice and counselling support is important to help navigate the process.
