Author: Akanksha Singh, Asian Law College, Noida
To the Point
Cyberbullying has significantly increased in India as social interaction, work, and education become increasingly digitally connected. Despite the provisions of the Indian Penal Code and the Information Technology Act, the legal system remains insufficient and fragmented. To counter this growing internet menace, stronger and more targeted legislation is desperately needed.
Use of Legal Jargon
In order to identify and prosecute cyber-offenders, the article uses important legal terms like mens rea, actus reus, jurisdiction, vicarious liability, penal provisions, reasonable restriction, cyberstalking, defamation, harassment, cyber trespassing, and misuse of intermediary platforms.
The Proof
Nowadays, it’s not uncommon to find cyberbullying on social media platforms, chat rooms, gaming forums, and even online educational institutions. Digital wrongdoing is no longer a rare or unique occurrence. The National Crime Records Bureau (NCRB) 2023 reports that crimes against women, especially those under 30, have surged by 24%, mostly in urban areas. Teenage victims describe encounters with body-shaming, threats, extortion, and unauthorized sharing of personal images.
Furthermore, a Microsoft Global Youth Online Behavior Survey indicates that India is among the top three countries affected by cyberbullying. Sixty-five percent of Indian respondents, who were mostly college and high school students, admitted to having either been the victim of or seen cyberbullying. In addition to creating emotional discomfort and social disengagement, this has major negative impacts on mental health, including suicidal ideation and despair.
India still does not have a separate law that defines or criminalizes cyberbullying, despite these figures. The Information Technology Act of 2000 and the Indian Penal Code (IPC) provide piecemeal protection. IPC Sections 507 (criminal intimidation through anonymous communication), 499 (defamation), and 354D (stalking) are often referenced, together with Section 66E (violation of privacy) and Section 67 (publishing obscene material). But they often require complex interpretation and lack digital specificity.
The IT Rules, 2021, require intermediaries, like Meta or X, to designate grievance officers and respond to consumer complaints within 15 days in order to impose platform responsibility. However, the majority of platforms either postpone responses or send boilerplate responses without taking any action, which demonstrates the lax application of these standards, according to research conducted by the Internet Freedom Foundation.
Abstract
Cyberbullying, which is commonly defined as bullying or harassment that takes place online, is a serious and expanding threat to people’s mental health, privacy, and dignity in India. More people, especially women, children, and members of marginalized groups, are at risk of becoming the objects of online harassment, stalking, and trolls as they become more involved in the digital world. The majority of victims do not receive prompt justice because the law has not kept up with the growing use of the internet.
The Information Technology Act of 2000, which was passed before social media as we know it today, was India’s first major law addressing digital misdeeds. Therefore, it lacks regulations intended to deal with trolling, cyberbullying, deepfake content, and revenge porn. The Indian Penal Code’s Sections 354D, 509, 499, and 507 offer some remedies, however they are usually insufficient in situations where there is no digital evidence or when law enforcement officers are not aware of them.
The removal of Section 66A in Shreya Singhal v. Union of India not only marked a landmark decision for free speech, but it also removed one of the few regulations designed to prevent offensive content from being posted online. Despite being a step in the right direction, the 2021 Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules remain unenforceable and do not legally hold social media corporations accountable for persistent claims of cyberbullying.
Through tools like digital forensic units, fast-track digital courts, and redressal bodies at the school and college levels, this essay advocates for a particular cyberbullying law that defines the various forms of online harassment, imposes harsh punishments, and grants victims more power. India must now move past token legislation and pass meaningful rules, drawing inspiration from international statutes like Australia’s Online Safety Act and the UK’s Malicious Communications Act of 1988.
Case Law
1. Shreya Singhal v. Union of India (2015)
This historic decision ruled that Section 66A of the IT Act was unlawful due to its vagueness and misuse of free expression. In addition to guaranteeing freedom of expression, Article 19(1)(a) removed one of the few laws that made offensive online communications illegal. Many forms of online harassment continued without the appropriate legal remedy because of the regulatory gap this decision created.
2. State of Karnataka v. Manik Taneja (2015)
The significance of mens rea, or criminal intent, in situations involving internet criticism was highlighted by the Supreme Court in this decision. According to the court, unless intent and fear are proven, posting online complaints does not qualify as criminal intimidation under IPC Sections 503 and 506. The decision upheld free speech but also demonstrated how hard it is to establish a clear legal line between acceptable criticism and cyberbullying.
3. Rituparna Roy v. State of West Bengal (2022)
In this case, an ex-boyfriend was charged with cyberstalking, blackmail, and harassment. The Calcutta High Court stressed the urgent need for gender-sensitive digital laws, better cyber policing, and dedicated cyber units in every district. By revealing the large number of victims—especially women—who drop their complaints in the middle of the process due to a poor investigation and peer pressure, the case also brought attention to the need for victim protection safeguards in future legislation.
4. Vaibhav Singh v. State of NCT Delhi (2021)
In a lesser-known but important case, the Delhi High Court dealt with social media impersonation and the unauthorized distribution of manipulated photographs. The Delhi Police Cyber Cell was directed to act immediately after the court reaffirmed that digital impersonation violates both the right to privacy and the right to reputation under Article 21.
Conclusion
Beyond simply being an online nuisance, cyberbullying is a major and expanding threat to human dignity, mental health, and the rule of law in the digital age. Although it provides some protection, India’s current legal system is fragmented and reactive. Victims must negotiate a legal labyrinth of IT Act regulations, IPC sections, and platform policies in the absence of accountability or resolution.
Beyond simply being an online nuisance, cyberbullying is a major and expanding threat to human dignity, mental health, and the rule of law in the digital age. Although it provides some protection, India’s current legal system is fragmented and reactive. Victims must negotiate a legal labyrinth of IT Act regulations, IPC sections, and platform policies in the absence of accountability or resolution.
India must prevent itself from becoming a cyber-insecure country. Our legal system must adapt to protect people without limiting their right to free expression in an era where a tweet may depress people and a meme can ruin someone’s reputation. As India enters its Amrit Kaal, safeguarding digital rights must be equally as crucial as securing borders.
FAQS
Q1. What is cyberbullying?
Ans. It means using the internet to harass, threaten, or insult someone through messages, posts, or images.
Q2. Which laws deal with cyberbullying in India?
Ans. Cyberbullying is covered under the IT Act, 2000 (Sections 66E, 67) and IPC (Sections 354D, 499, 507)
Q3. Is Section 66A of the IT Act still valid?
Ans. No. It was struck down in 2015 by the Supreme Court in the Shreya Singhal case.
Q4. Can victims file a complaint online?
Ans. Yes. Complaints can be filed on www.cybercrime.gov.in or at the local cyber police station.
Q5. What should a victim do first?
Ans. Take screenshots, report the content, file a complaint, and seek help if needed.
Q6. What international laws can India follow?
Ans. India can learn from Australia’s Online Safety Act and UK’s Malicious Communications Act.
Q7. Are social media platforms responsible?
Ans. Only if they ignore complaints. They must act fast under the IT Rules 2021.
Q8. Is cyberbullying a bailable offence?
Ans. Some offences are bailable, like defamation. But cyberstalking (354D IPC) is not- bailable
