Author: Disha Parmar, Avantika University, Ujjain
To The Point
In today’s digital age, cyberbullying has become a reality that is affecting every age group – especially students, women, and the LGBTQ+ community. As accessibility of the Internet has increased, online trolling, stalking, threats, and abuse are also on the rise.
In this article, we will evaluate how prepared India’s legal system is against cyberbullying, what kind of laws there are, and what are their shortcomings. Also, we will understand some important court judgments and reforms that have become necessary.
Abstract
Cyberbullying is a psychological attack that takes place through online messages, social media, images, or videos. While there is no dedicated law for cyberbullying in India yet, there are some existing laws that indirectly address it.
This article explains how the Information Technology Act, 2000 and sections of the Indian Penal Code cover cyberbullying related offences. Also, focus is on some judicial cases, loopholes, and reforms – which will help handle this serious issue.
Use of Legal Jargon
Cyberbullying means torturing someone digitally and mentally over and over again – like sending them obscene or threatening messages, creating their fake account, or trolling them on social media.
Main laws of India:
IT Act, 2000
Section 66E – Leaking someone’s private image or data.
Section 67 – Posting obscene (obscene) material online.
Section 72 – Breach of privacy.
IPC (Indian Penal Code), 1860
Section 354D – stalking (including online).
Section 499/500 – defamation (defamation).
Section 507 – anonymous threats.
Section 509 – Hurting a woman’s dignity (via words or gestures).
But nowhere in all this has a clear definition of “cyberbullying” been given – which is the biggest loophole.
The Proof
In India, many times FIRs are filed by making creative use of existing laws in cases related to cyberbullying. But until a specific law is made, victims will not get full protection.
For example, Section 66A was used a lot earlier but it was declared unconstitutional by the Supreme Court in 2015 (Shreya Singhal case). After that there is increased confusion in cyber harassment cases as to which law should be applied.
Case Laws
Shreya Singhal v. Union of India (2015)
Section 66A IT Act was struck down – as it was a violation of free speech. But this also became an important tool for cyber safety.
Kalandi Charan Lenka v. State of Odisha (2017)
Fake FB account was created in the name of a girl; obscene content was posted. Court applied Section 66E IT Act and 354D IPC – cyber harassment was taken seriously.
Ritu Kohli Case (2001)
First cyberstalking case in which a Delhi-based woman received obscene calls. For the first time a cyber complaint was registered under IT laws.
Challenges in Enforcement
There is no legal definition of cyberbullying.
Cases are quite underreported – people do not complain due to shame or fear.
Police do not have proper cyber-crime training.
It is difficult to track cross-border crimes.
There is also gender bias – mostly women and queer individuals face more online abuse.
More Global Examples of Cyberbullying Laws
Australia: eSafety Commissioner handles cyberbullying complaints, especially for minors.
Canada: Protecting Canadians from Online Crime Act makes revenge porn and online abuse punishable.
New Zealand: There are strong penalties for cyber harassment under the Harmful Digital Communications Act.
India should also learn from these countries and bring in a specialized cyberbullying law.
Role of Educational Institutions
Mandatory Cyber Safety Curriculum: Schools and colleges must have cyberbullying awareness programs and safety guidelines. NCERT has also taken some steps in this direction.
Internal Complaints Committee (ICC): Every educational institute should have a functional complaint redressal cell where students can safely report harassment.
Workshops & Counselling: There should be training workshops for teachers and parents – so that they can identify the signs and take timely action.
Role of Social Media Platforms to Stop
Cyberbullying
The major platforms for cyberbullying are social media – Facebook, Instagram, Twitter (X), Snapchat, WhatsApp, etc. These platforms also have a legal and moral duty to provide a safe environment to their users.
Community Guidelines:
Every platform has its own community rules that prohibit harassment, hate speech, trolling. But many times, these are not strictly enforced.
Report & Block Features:
Users are given the option to report or block, but in serious cases of harassment this is not enough.
Law Enforcement Cooperation:
Social media companies should cooperate with Indian law enforcement – like tracing IP addresses, giving access to offensive content.
Transparency Reports:
Platforms should publish regular transparency reports detailing how many harassments reports they handled and what action they took.
Government should also ensure that Digital India is a safe India, not just an accessible India.
Expanded Legal Reforms – Summary
Cyberbullying Definition: Legal definition clearly drafted – including different forms like cyberstalking, doxxing, revenge porn, trolling.
Dedicated Cyberbullying Law: A comprehensive Act should be made by consolidating the scattered provisions in IPC and IT Act.
National Cyber Safety Authority: An independent statutory body that handles digital complaints, especially for minors & women.
Victim Protection Scheme: In cases of online harassment, anonymity, legal aid, and mental health support should be mandatory for the victim.
Real-time Complaint Mechanism: Toll-free helpline, chatbot support and mobile app-based FIR mechanism will be brought.
Conclusion
Cyberbullying has become a silent epidemic. Until we have clear and updated cyber laws, people will continue to feel unsafe. Misuse of the Internet breaks not just physical boundaries but mental peace too. Psychological effects like anxiety, depression, and self-harm are also seen in victims, especially when they do not get timely justice.
India’s current laws are scattered and vague. Hence, there is a need for a strong, youth-centric, and gender-sensitive law – so that every citizen feels digitally safe. A legal framework that balances both digital freedom and safety is the solution for the future.
FAQS
What is Cyberbullying?
Cyberbullying means mentally torturing someone repeatedly on an online platform, like targeting them through trolling, hate messages, fake rumors or explicit content. Its impact is not just emotional but also psychological.
Is there a specific law for this in India?
At present, there is no standalone law for cyberbullying in India. But some provisions of IPC and IT Act can be creatively used to address such cases. This fragmented approach is quite weak and confusing.
What can the victim do?
The victim can file a complaint on the cybercrime.gov.in portal. You can also go to the nearest police station for FIR. If there is a serious threat, emergency helplines are also available. The option of legal aid and counselling can also be explored.
Who is most affected?
Cyberbullying impacts everyone, but majorly students, young women, and the LGBTQ+ community are its primary targets. These groups have more vulnerability and exposure on digital platforms.
What reforms should be made?
Dedicated legislation, awareness campaigns, mental health support, and fast-track complaint redressal mechanisms are needed to address cyberbullying. Schools and social media platforms should also take accountability.
