The Rights of the Deceased: Moral Rights Incidental to Copyright Law
- Vanshika Agrawal
- 2024-04-25
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2 Statutes Dealing With Cyberstalking In India
2.1 The Information Technology Act, 2000
2.3 The Criminal Law (Amendment) Act, 2013
Cyberstalking is one of the most serious crimes. It is defined as or term may interchangeably use as online stalking. It involves the use of the internet, cellphone, emails, or any other electronic means to harass, stalk, and intermediate any individual, person, or group. Under Stalking an individual generally involves himself in harassing and threatening behavior.
The term cyberstalking can synonymously use as online harassment and online abuse. It includes the commission of a crime such as identity theft, false accusation, defamation, vandalism, threats, and data destruction to gather the information that may be used to stalk or harass. Stalking could be done via following a person to the home, appearing at a person’s home or place of business, making harassing phone calls, leaving written messages or objects. The offenders use social media platforms such as email, chat rooms, instant messaging, or any other online media to harass the victim as they think that they’re anonymous and can hide.
A stalker could be an obsessed one or enraged or psychopathic or deranged. There are three types of categories of stalkers: Obsessional stalkers are stalkers who are obsessed with sexual harassment, desires, and love; the delusional stalkers are those stalkers who are always in the need to prove their power to others and the vengeful stalkers are those stalkers who are always in the hunt to take revenge.[i] With the help via email, instant messages, phone calls, and any other communication modes to cyberstalkers can stalk anyone. It can take the form of sexual harassment, inappropriate contact, or unwelcome attention to one’s life and one’s family’s activities.
Cyber laws in India govern under the Information Technology Act, 2000. Under this whoever is publishing or sending any salacious material in the form of electronic media charge under section 67 of the Act. This act takes place when the cyberstalker posts or sends any obscene content to the victim.
“Section 67 of the Information Technology Act states that when any obscene material is published, transmitted, or caused to be published in any electronic form, then it is a crime of obscenity, punishable with imprisonment for up to 5 years with a fine of up to Rs. 1 lakh.”[ii]A second or subsequent conviction is punishable by imprisonment for up to 10 years with a fine of up to Rs. 2 lakh.
It passed by the parliament in October 2008 and signed by the President of India on 5th February 2009, and became the IT (Amendment) Act, 2008. The IT Act regulated via the Indian Computer Emergency Response Team (CERT-in). Through this amendment act, it aims to make revolutionary changes in the subsisting Indian cyber law framework which includes the incorporation of electronic signature. Under the 2008 amendment act of the IT Act, section 43A added which includes a body corporate within the scope.
With the new cases of internet stalking every day, the crime of cyberstalking is increasing notably. Cybercriminals are easily able to stalk and harass a person with easement in acquiring personal information via an online platform.
The act included the term ‘stalking’ as an offense under Section 354D of the Indian Penal Code. It states that“Any man who- (i) follows a woman and contacts, or attempts to contact such woman to foster personal communication repeatedly despite a clear indication of disinterest by such woman or; (ii) Monitors the use of a woman by the internet, email or any other form of electronic communication, commits the offense of stalking.” It includes cyberstalking within the ambit of stalking, while some argue that cyberstalking ought to be a separate offense.[iii]
However, the act restricts itself to stalking which is cause by a man to a woman. Thus, under here, any other type of stalking is not actionable under this law. Nonetheless, cyberstalking has a large scope that encompasses the multiplicity of users on the internet and thus it requires a wider and larger framework to account for such.
India lacks legislation on cyber-stalking. The general legislation states that it makes the use of “words, sounds or gestures or exhibition of an object” with the intent to insult the modesty of a woman or even the intrusion of a woman’s privacy an offense punishable with imprisonment for one year or with a fine under Indian Penal Code. This amended by the enactment of the Information Technology Act, 2000. The provisions of the IT Act attempt to penalize the act of cyberstalking. The generality of these provisions cannot be over-looked and it is crystal clear that several issues such as the use of innocent third-persons of the sending of innocent e-mails t might amount to harassment and it remains unaddressed under these provisions.[iv]
In 2001, India’s first-ever cyberstalking case registered by Ms. RituKohli[v]. Under this, a complaint filed by her through a cyber cell under Section 509 of the Indian Penal Code for outraging her modesty.
Furthermore, the amendment made in 2013 under the Indian Penal Code via the impact of a nirbhaya rape case. FurtherSections 354A, 354B, 354C; 354D insert on the recommendation of Justice J.S Varma Committee.
Cyber Stalking and Analysis
In the case of Inspector General of Police v. S. Samuthiram[vi]: it sets out eight guidelines to curb eve-teasing. Here The Court mentioned the significance of taking up against atrocities bystander for eve-teasing in public places.
In the case of ShriDeuBajuBodake v The State of Maharashtra: [vii]the Bombay High Court looked into a case of suicide by a woman who claimed that the through constant stalking and harassment caused by the accused.it was the reason mentioned by her for her suicide. During her working hours, the accused kept stalking her and insist on getting married to her. Held that the high Court states that charges are frame under Section 354D with the addition to the charge for abetment to suicide.
Cyber Stalking and Analysis
It is rightly said that if one wants to bring changes in the current outline. One needs to overcome the antiquated model. Of, dealing with the situation and builds a new model that is effective and efficient. In India cyberstalking is a new coin term. Recently it has gained the attention of the judiciary and legislature. Cyberstalking is one of the serious offenses. It has a wide-ranging impact on the physical and mental health of the victim. Not only women’s but also men’s get stalk regularly. In India, there’s no direct legislation on the subject. Information Technology Act and Indian Penal Code have few provisions which could be related to cybercrime. Hence, the stalker could book under those provisions. We should not wholly depend upon the legislative provisions. But should boldly attempt to do not to give rise to such situations.
Cyber Stalking and Analysis
[i] Ms. HeenaKeswani, CYBER STALKING: A CRITICAL STUDY, Bharati Law Review, April – June, 2017
[ii]Sec. 67, Information Technology Act 2000.
[iii] Sec 354D Indian Penal Code,1860.
[iv]AravinthBalakrishnan, CyberStalking: Challenges In Regulating Cyberstalking At The Cyber Space, Legal Service India.
[v]DikshaBhasin and Aryan Mehta, Cyberstalking: New Age Terror, vol 2, International Journal of Law Management & Humanities, 2018.
[vi] AIR (2013) 1 SCC 598
[vii] AIR 2016
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