Author: Pamula Tanuja, Sri Padmavati Mahila Visvavidyalayam
To the point
Now-a-days India is moving forward with different aspects of technology, at the same time cyberbullying is also increasing. Cyberbullying is emerged in recent years in India because of increasing with the rise social media and other online platforms. This cyberbullying is occurring many ways mainly Cyberstalking, Trolling, Doxing, Impersonation, Denigration, Harassment, Flaming, and Exclusion. People from any age mainly teenagers and Adults are primary victim of these bullying incidents. However, in India does not have any specific laws about cyberbullying but, there are various legal framework for cyberbullying. i.e., BNS (Bharatiya Nyaya Sanhita) Act 2023, IT (The Information Technology) Act, 2000, POCSO (Protection of Children from Sexual Offences Act 2012). This article explores the safeguards offered by the existing legal system. By examining relevant case law This article aims to illuminate the path towards a to create awareness about the cyberbullying.
Legal Jargon
The legal framework handling cyberbullying in India is based on ambit of cyber jurisprudence, with a focus on penalizing acts of online defamation, criminal intimidation, and breach of digital privacy.
Cyberbullying is legally punishable when it violates an individual’s right to dignity and mental well-being, and it frequently involves culpable behavior such as electronic harassment, impersonation, and the transmission of derogatory.
The regulatory mechanism ensures accountability by applying both substantive and procedural legal principles, with a focus on mens rea and wrongful intent in the digital platforms. Legal redress is supported by both civil and criminal remedies, with a focus on deterrent, reparation, and victim protection mandated by the constitution and statutes.
Abstract
Cyberbullying has emerged as a significant threat to social media and online platforms in India’s digital era. Although there is no specific law to prevent cyberbullying, laws such as the “Bharatiya Nyaya Sanhita 2023”, “Information Technology Act 2000”, and “POCSO (Protection of Children from Sexual Offences Act) 2012” are among them. The legal framework pertaining to cyberbullying is covered in this piece, with an emphasis on online defamation, threats, and breaches of digital privacy. Through pertinent case law and legal principles, it seeks to increase public knowledge and understanding of cyberbullying as a crime punishable under Indian law.
The proof
Cyberbullying laws in India
The Information Technology Act, 2000 (IT Act)
Section 66C – Punishment For Identity Theft
Using someone’s electronic signature, password, or other unique identification information is illegal and can result in a maximum of three years imprisonment and monetary penalties of up to one lakh rupees.
Section 66D – deals with cheating by using communication devices
Anyone who commits fraud by impersonating someone using a computer resource or communication device may be sentenced to prison for up to three years and pay a fine of up to one lakh rupees.
Section 66E –Punishment Violation Of Privacy
Transmitting images of a person’s private parts without consent is punishable with imprisonment up to three years, or a fine up to two lakh rupees or both.
Section 67 – Publishing Obscene Material Online
Publishing or transmitting obscene or sexually explicit content online is punishable with up to three years’ imprisonment and a fine up to five lakh rupees for the first offence, and up to five years’ imprisonment with a fine up to ten lakh rupees for repeat offences.
Section 67A – Publishing Sexually Explicit Content
If the offence is done at first time the maximum imprisonment five years and a fine of ten lakh rupees, for further offences imprisonment upto seven years and fines.
Bharatiya Nyaya Sanhita, 2023
Section 76 – Sexual Harassment (Including Online)
Any unwelcome sexual advances, comments, or actions through digital media. Punishment shall be Imprisonment up to three years, or Fine, or Both.
Section 78-Stalking
According to Section 78 deals with Stalking occurs when a man persistently follows or communicates with a woman in spite of her lack of interest, or keeps an eye on her online behavior.
If the offence is done at first time the maximum imprisonment three years or a fine or both for any further offences imprisonment upto five years or fine or both.
Section 351 – Criminal Intimidation
If Threatening someone with injury to their person, reputation, or property, including online threats. Punishment shall be Imprisonment up to two years, or Fine, or Both.
Section 356 – Defamation
Any Publishing or spreading false information that harms a person’s reputation, including through digital platforms.
Punishment shall be Imprisonment up to two years, or Fine, or Both.
Section 509 –Offending a Woman’s Modesty
Making fun of a woman’s modesty through speech, actions, or messages on the internet. That person will punished with upto three years and also a fine.
POCSO (Protection of Children from Sexual Offences Act 2012) Sections Relevant to Cyberbullying of Children
Section 13 – Sexual Harassment
Any action that humiliates, embarrasses, or sexually harasses a kid, such as online pictures or texts. May face a penalty as well as a maximum sentence of three years imprisonment
Section 14 – Using Child for Pornography
Using a child to create pornographic material, including digital content. Minimum five years imprisonment (up to 7 years) and also be liable to fine.
Section 15 – Pornographic Performance by Child
Making a child perform in pornographic content, including videos or images online. Minimum five years imprisonment (up to 7 years) and also be liable to fine.
Section 16 – Storage of Child Pornographic Material
Keeping any pornographic material of a child, including on electronic devices or online. Minimum three years imprisonment (up to 5 years)and also liable for fine
Section 17 – Child Pornography
Distributing child pornography, possessing it, or sharing it online. The maximum imprisonment unto seven years and a fine.
Case laws
Shreya Singhal v. Union of India (2015) 5 SCC 1
-In this case Two girls were arrested for criticizing the shutdown of Mumbai on Facebook after the death of Bal Thackeray. They were charged under Section 66A of the IT Act, which criminalized sending offensive messages through electronic means. The IT Act’s Section 66A was deemed unconstitutional by the Supreme Court. The statute was deemed to be in violation of Article 19(1)(a), which guarantees freedom of expression. The court highlighted the possibility that Section 66A’s ambiguous and overly broad wording might be used to online harass people, including in cases of cyberbullying.
State of Tamil Nadu v. Suhas Katti (2004) CC.No. 4680 of 2004
-It was held in Metropolitan Magistrate Court, Egmore, Chennai and First conviction under the Information Technology Act, 2000 in India.
In this case, Suhas Katti, the accused, and the complainant, a woman, were close family friends. He started harassing her by posting offensive and defamatory messages on a Yahoo message group after she turned down his proposal and got divorced.
Additionally, he pretended to be her by setting up fake email accounts and making it seem as if she were engaging in online sexual solicitation. The woman reported the incident to the Chennai Cyber Crime Cell in February 2004. In investigation process, The IP address was identified by the Cyber Police, who then gathered digital evidence connecting the defendant to the offensive postings. The suspect was taken into custody, and his computer was taken.
In an uncommon case of fast justice in a cybercrime case, the matter proceeded to trial in less than seven months
The accused’s guilt was established to the satisfaction of the court. He was found guilty under all three of the sections. The IT Act’s section 67, IPC sections 469 and 509, are subject to a penalty of two years in prison with harsh punishment and a fine of ₹500.
Kalandi Charan Lenka v. State of Odisha, 2017
-In this case, the accused engaged in a series of cyberbullying activities against a female college student. The actions included sending obscene messages to her and her father, distributing defamatory pamphlets, and creating a fake Facebook account in her name that featured morphed nude images. These acts led to significant mental distress for the victim, forcing her to change her place of study. The High Court acknowledged the severity of these cyber offenses, recognizing them under various sections of the Indian Penal Code (IPC) and the Information Technology (IT) Act, including Sections under 354A, 354D, 465, 469, 506, 507, 509 of Indian penal code and Sections 66C, 66D, 67, 67A of Information Technology act 2000
The court, while granting bail with stringent conditions, emphasized the importance of protecting women’s dignity and recognized the profound impact of cyberbullying on victims.
Conclusion
The prevalence of cyberbullying in India is significant, especially among young people, adolescents, and women. Despite the absence of a specific cyberbullying legislation in India, existing clauses under the Information Technology Act, 2000, the Bharatiya Nyaya Sanhita, 2023, and the POCSO (Protection of Children from Sexual Offences Act 2012) provide considerable protection. The seriousness of online harassment has been acknowledged by the courts, and case laws have established significant precedents. Without a strong legal framework, public awareness, and digital accountability, cyberbullying cannot be prevented or managed effectively.
FAQS
What Is Cyberbullying?
Cyberbullying is the use of electronic communication (like social media, chats, emails, etc.) to harass, threaten, or embarrass someone. It includes online stalking, name-calling, spreading false rumors, and sharing private content without consent.
Is there a specific law against cyberbullying in India?
No, India does not have a specific law titled “Cyberbullying Law.” However, cyberbullying is punishable under various existing laws like the Information Technology Act, Bharatiya Nyaya Sanhita (BNS), and POCSO Act.
Who are the common victims of cyberbullying?
Mostly teenagers, children, and women are targeted, although anyone using the internet can be a victim.
