Author: Kanak Vashisht, SGT University, Gurugram
To the point
Freedom to connect, express, and create seemed to have been unleashed with the coming of the Internet. But another reality has slept on this freedom — cyberstalking and online harassment. Everything from systematically observing and stalking someone on his or her social network to sending abusive mails, creating fake profiles, and circulating morphed pictures attacks the dignity and privacy of the individuals. The Indian law considers these offences to be grave offences affecting fundamental rights with no “small mischief” thrown in. A mixture of IPCs and the Information Technology Act, 2000, and some Constitutional remedies provide the legal framework.
Use of legal jargon
Cyberstalking Meaning: Continuous or repeated use of the internet, social media, or emails to monitor, contact, threaten, or harass a person without their consent.
Legal Basis: Recognised under Sec. 354D IPC (stalking). Covers acts like tracking online activity, sending repeated messages despite clear refusal, and creating fake profiles.
Example: If someone keeps commenting on your Instagram posts, messaging you daily, tracking your location updates, or monitoring your WhatsApp status despite you blocking them, it becomes cyberstalking.
Mens rea Meaning: Latin for “guilty mind.” In law, crimes usually require both actus reus-guilty act-and mens rea, guilty intention
Context: If a person intentionally harasses someone online (sending threats, morphing images), they possess the mens rea. If someone accidentally forwards a meme that is defamatory, the guilty intention may not be proven.
Example: Creating a fake profile to defame or blackmail someone shows clear mens rea. But accidentally tagging someone in a wrong post without malice may not.
3.Defamation Meaning: To make false and defamatory statements about a person in order to injure his reputation.
Legal Basis: Sec. 499 IPC – Defines defamation. Sec. 500 IPC – Penalty (imprisonment for a term which may extend to two years, with fine, or with both).
Online Context: False rumours spread through WhatsApp forwards, tweets, memes, or fake blogs can amount to defamation. Both criminal and civil remedies stand available.
Example: If anyone spread false news about a businessman being a fraud online, it damages reputation = online defamation.
4.Obscenity Meaning: Publishing, transmitting or circulating obscene material online.
Legal Basis: Sec. 67 IT Act – Publishing obscene material electronically punishable. Sec. 67A IT Act- Specifically lays down the law relating to sexually explicit material (such as pornographic content). IPC 292–294-For obscenity offline.
Example: Uploading private intimate photos of a person without his or her consent; running a Telegram group where explicit content is shared would be punishable under Sec. 67 and 67A IT Act.
5.Criminal Intimidation.
Meaning: To threaten to hurt another person, their image, or their property.[P].
Legal Basis: Sec. 503. IPC – Defines criminal intimidation.
Sec. 507. IPC – Focuses on anonymous intimidation (including emails, fake IDs, phone calls)
Criminal intimidation is involved in sending an email from a fake account that says, “If you don’t send me money, I’ll disclose your photos online.” This is not true for the original recipient.
The proof
the Indian Penal Code (IPC) was implemented.
Sec. A stalker uses 354D to track a woman’s online activity, messaging frequency, or social media usage without her authorization.
Sec. 354A is a form of sexual harassment that involves sending inappropriate sexual messages or images.
Sec. 499. Sec. 507. Sec. 509. Sec. An Instagram account can be hacked to obtain an identity, as per Rule (66C)).
Sec. Fake profiles to cheat 66D. Sec. The violation of privacy involved posting private photos without permission under Rule 66E.
Sec. 67. Sec. 72. The right to life in Article 21 is synonymous with the right of dignity, privacy, and mental tranquility.
Freedom of speech is guaranteed by Article 19(1)(a) but not implied…. 19(2) establishes limitations on offenses such as defamation, decency and morality, as well as maintaining public order.
Abstract
The Bigger Picture) Cyberstalking and online harassment are not just “digital pranks”; they are real crimes with real consequences. Victims often suffer mental trauma, reputational harm, and even threats to physical safety.
Indian law responds through criminal sanctions under IPC, cybercrime-specific rules under IT Act, and constitutional rights protecting dignity. But enforcement isn’t perfect — anonymity, cross-border jurisdiction, and under-reporting are challenges.
The key lies in awareness, stronger investigation mechanisms, and a victim-centric approach.
Case laws
Shreya Singhal v. Union of India (2015)
What Happened? Sec. The transmission of “injurious messages” online was prohibited by Section 66A of the IT Act. It was vague and misused.
The Supreme Court rejected it for violating freedom of speech..
Impact: Commended liberty in punishing authentic harassment.’
State of West Bengal v. Animesh Boxi (2018)
What Happened? Allegedly created a counterfeit Facebook account, altered photos of alleged victim and shared profanity.
Court Ruling: Convicted under Sec. The IT Act and IPC sections 66C and 67E.
The first significant conviction for cyberstalking in India.
Justice K.S. Puttaswamy v. Union of India (2017)
What Happened? Inquiries regarding the right to privacy.
Article 21 guarantees the right to privacy, as decided by a court.
Enhanced protection against cyberattacks from victims. What are the effects?
Conclusion.
With the advent of the digital revolution, we now have freedom to express our ideas and create new connections. “. Nevertheless, the same medium has created conditions for mistreatment, theft, and intimidation. The seriousness of cyberstalking and online harassment is not limited to minor violations, but rather breaches the constitutional guarantee of dignity.
India’s legal system, which incorporates the IPC provisions, the IT Act, and constitutional remedies, recognizes this gravity. The likes of Shreya Singhal (2015), Animesh Boxi (2018), and Puttaswamy (2017) have increasingly safeguarded victims, maintaining the balance between free speech and digital harassment.
Even so, difficulties persist: the presence of anonymity and jurisdictional obstacles to enforcement, as well as underreporting and stigma. While the law on paper is strong, it’s more effective when applied in practice – through digital literacy, computerized systems, fast investigation, and a focus on victim.
FAQS
Q1. What is the punishment for cyberstalking in India?
Under Sec. 354D IPC, up to 3 years imprisonment (first conviction), and 5 years for repeat offences, plus fine.
Q2. Can men also be victims of cyberstalking?
Yes, though Sec. 354D IPC protects women specifically, men can file complaints under IT Act (identity theft, privacy violations, obscene content) and IPC (defamation, intimidation).
Q3. Where should victims report?
At nearest police station, cybercrime cell, or online via the National Cyber Crime Reporting Portal (cybercrime.gov.in). Social media platforms also provide reporting tools.
Q4. Is India part of any international cybercrime treaty?
No, India has not signed the Budapest Convention on Cybercrime (2001), but domestic laws + cooperation agreements are used in practice.
