Author: Prabhpreet Singh, student of University of Lucknow
To The Point
We are living in an age where the world is getting more digitalized with every passing day. With the rapid growth in digitalization our country has witnessed a rise in digital vigilantism, a change which was never witnessed before. Digital vigilantism is a situation in which social media users and self-proclaimed keyboard warriors fighting for justice and taking law in their own hands, using online social media platforms like Instagram, X, as virtual courtrooms. What began as a movement which helped exposing wrongdoings of the criminals to the public has turned into an act of damaging reputations permanently long before any legal trial takes place
Since ancient times public trails have been a part of our society, public associations acting when officials failed to serve justice, however this justice system has collapsed every time. However, in today’s digital age, the speed and reach of the information has increased many folds due to the internet and this has amplified the impact of harm caused by the internet mob justice system. A viral video can destroy the lifetime worth of someone’s hard work
Digital vigilantism, which was once a way of exposing the crimes to the public eye now has also turned into a culture of outrage. These online communities are driven by anger and this anger results in a justice which is served without verifying the facts. While sometimes this outrage brings genuine crimes to light, but sometimes it causes irreversible harm to the innocent individuals
This article explores how this new justice system driven by rage emerged in India , its cause and legal implications, and the need to create a balance between empowerment of the citizens without disrespecting the law
Use of legal Jargon
Digital vigilantism dwells in the loopholes of the laws like cyber law, law of torts, criminal jurisprudence, raising questions about defamation and privacy. Online trolling can sometimes cross the line and can cause criminal intimidation under the section 356 of (BNS)
Article 19(1)(a) of the constitution guarantees freedom of speech, but there are legal restrictions which are defined under the Article 19(2), including public order defamation and decency. Internet vigilance ignores these restrictions.
The courts have repeatedly stressed on the article 21 of the Indian constitution which is right to life and personal liberty . This article is bypassed when the mobs served their judgment in the internet courtrooms ignoring the facts and filled with rage
The Information Technology Act, 2000 (IT Act) governs online content. Provisions like Section 66E (violation of privacy) and Section 67 (publishing obscene material) apply when vigilante actions cross legal boundaries. Though Section 66A, which criminalized offensive messages, was brought down in case of Shreya Singhal v. Union of India (2y015).
The Proof
The lack of timely checks encourages digital vigilantism. Citizens who are disappointed with the systemic delays, turn to the internet to seek justice which often blurring the line between activism and online mob justice.
The case of Tehseen S. Poonawalla v. Union of India (2018) judgment criticised mob justice in all forms, requesting the government to take preventive measures. While the ruling mainly addressed physical lynching, its principles apply equally to digital spaces where collective online action often turns into harassment.
Globally, countries like Germany have made strict laws to stop online hate and harassment, imposing heavy fines on platforms that fail to act according to the law. India’s Intermediary Guidelines and Digital Media Ethics Code, 2021 require platforms to remove harmful content quickly, but enforcement still remains weak.
Abstract
Digital vigilantism in India reflects lack of trust in the judicial system and the lure of instant justice offered by social media. While it empowers citizens to expose wrongdoing, it often spirals into unverified allegations, defamation, and online harassment.
To preserve the rule of law, India must strengthen cybercrime enforcement, enhance digital literacy, and ensure swifter access to justice. Only then can we harness the positive aspects of citizen activism without descending into digital anarchy.
Cases Laws
Shreya Singhal v. Union of India (2015) – The Supreme Court struck down Section 66A of the IT Act, emphasizing the importance of safeguarding free speech while preventing misuse of cyber laws.
- □Tehseen S. Poonawalla v. Union of India (2018) – Directed the state to prevent all forms of mob justice, reinforcing that no individual or group can take the law into their own hands.
- □Swami Ramdev v. Facebook, Inc. (2019) – The Delhi High Court allowed global takedown of defamatory content, setting a precedent for holding platforms accountable.
- □Subramanian Swamy v. Union of India (2016) – criminal defamation, states again strongly that the right to reputation forms part of Article 21’s right to life.
- □Bulli Bai & Sulli Deals cases (2022) – Courts underscored the need for swift investigation and strict action against online harassment and targeting.
Conclusion
Digital vigilantism stems from frustration with systemic delays in justice delivery and the need for transparency. While it amplifies citizen voices, it often undermines the rule of law by promoting unchecked accusations and virtual mob justice.
India needs a balanced approach—faster judicial redressal, robust cyber law enforcement, and accountability for social media platforms. Without these measures, digital vigilantism will continue to erode trust in the justice system and threaten personal liberties.
FAQs
Q1. Is digital vigilantism legal in India?
No. Acts like defamation, harassment, and doxxing fall under IPC and IT Act offences.
Q2. Can victims take legal action?
Yes. Complaints can be filed under Sections 499–500 IPC (defamation) and IT Act provisions for cyber harassment.
Q3. Does freedom of speech allow online vigilantism?
No. Article 19(1)(a) is subject to restrictions under Article 19(2), including defamation and public order.