CYBER STALKING

CYBER STALKING

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Cyber stalking means keeping an eye on a person continuously without his consent, with any electronic means. Cyber stalking is a criminal activity, when a person uses any electronic means like cell phones, internet, social media platforms or any other electronic means to stalk any person or to harass anyone. These stalkers make use of email, chat rooms, or instant messages or online media to harass the victim. Most cyber stalking is faced by women or young girls which is later converted into online harassment to them. With the growing no. of internet users increases the chances of no. of online harassment and cyber stalking in India, which is usually faced by young girls or women on their daily basis. Online harassment includes-Public actions or threats, false accusations, hacking the sites of the victim, passing of sexual remarks, publishing materials to defame, humiliating the person, etc.

 

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LEGAL PROVISIONS ON CYBER STALKING AND ONLINE HARASSMENT
LEGAL PROVISIONS UNDER INDIAN PENAL CODE

1. Section 354 D of Indian penal code, prescribes stalking as, following a person or attempts to contact such person to foster personal interaction despite a clear indication of disinterest from that person or whoever monitors the person by the use of the internet, email or any electronic form which results to fear of violence or harm in mind of such person, commits the offense of stalking.

2. Section 354A of IPC punishes for the offense of sexual harassment with 3 yrs. of imprisonment or fine.

3. Section 354C of IPC punishes for the offense of Voyeurism. It is an act of capturing the image of a woman engaging in a private act or disseminating the image without her consent. This section prescribes 3 yrs of imprisonment for a first conviction and 7 yrs. of imprisonment for 2 and conviction.

4. Section 509 of IPC says if someone is constantly bugging anyone with derogatory verbal abuse because of gender. This section provides that any person who utters any word or makes any sound or gesture, intending that such word, sound, or gesture seen by women insult her modesty, shall be punished with one-year imprisonment.

LEGAL PROVISION UNDER INFORMATION TECHNOLOGY ACT

1. Section 72 of the IT act deals with the offense of stalking, prescribes, any person who get secured access to any electronic record, book, register, information, etc. without the consent of person discloses such electronic record, information, image, document or any other material shall be punished with imprisonment for a term which may extend to 2 yrs. or fine which may extend to 1 lakh rupees.

2. Section 67 of the IT act prohibits and punishes with imprisonment up to 3yrs on first and 5 yrs. and fine on second conviction on transmission and causing of transmission of obscene content.

3. Section 66A of IT Act, 2008 provides:
Any person who sends, using a computer resource or a communication device
(a) Any information that is grossly offensive or has menacing character; or
(b) any information which he knows to be false, but to cause annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, persistently by making use of such computer resource or a communication device,
(c) any electronic mail or electronic mail message to cause annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages, shall be punishable with imprisonment for a term which may extend to three years and with fine.

This section was struck down in Shreya Singhal v. Union of India in 2015 as it arbitrarily, excessively and disproportionately invaded the right of free speech and was so wide that any opinion on any subject would come under its ambit.

Offenses Sections

Sec. 292 A IPC-Printing etc. of grossly indecent or scurrilous matter or matter intended for blackmail

Sec. 354 A IPC-Making sexually colored remarks, guilty of the offense of sexual harassment.

Sec. 354 D IPC -The offense of Stalking

Sec. 499 IPC -Sending defamatory messages by email

Sec. 507 IPC-Criminal intimidation by an anonymous communication

Sec. 509 IPC-Word, gesture or act intended to insult the modesty of a woman

Sec. 66E IT Act,2008-Punishment for violation of privacy

Sec. 67 IT Act, 2008-Publishing or transmitting obscene material in electronic form

Sec. 67 A IT Act, 2008- Publishing or transmitting of material containing the sexually explicit act, etc. in electronic form.

CONCLUSION

In the end, if any person is threatening or is going through cyber stalking or online harassment, then please lodge a complaint in your nearest cyber cell or at any police station or anyone can easily file a complaint online on cyber stalking or online harassment at any cyber cell portal.

 

modified and edited by Arfeen Sayyed

 

26 thoughts on “CYBER STALKING

  1. Very informative article which makes the awareness of how the justice is provided if any one is a victim of cyber stalking and other related crime which causes mental and physical harm and for some people it effects too harsh that they commit suicide so for this major issue everyone should know the remedies provided by law and how to save ourselves from such crimes.

  2. People are aware about “stalking” but don’t actually know its radius. Cyber stalking is very rarely known offence and very highly committed offence. This article has come up with a proper explanation to the topic and has covered almost everything to reach the minds of common people.

  3. Very well structured and effective article , but cases should be included to show that what to do and what not to do for a situation like this . Government has various specialized facilities like One Stop Centre , cyber cell and separate bodies and authorities to deal with these situations so that the reader know where to report , how to report and the related process . This will ensure that reader knows about everything and that will be true empowerment .

  4. This particular piece here is quite informative with regards to the laws and the various provisions of law that deal with cyber stalking online. Cyber Stalking is a very serious crime, and thoroughly affects the mind of the individual who is being stalked, it is like being watched 24/7, which is a clear infringement of the fundamental rights guaranteed under Article 21 of the Constitution of India, which deals with the Right to Privacy. The article is very well-written, no doubt, however, the writer could surely have created a nexus between cyber stalking and how it infringes the right to privacy as guaranteed under Article 21 of the Constitution of India, thereby relying on the landmark judgment of K.S. Puttaswamy v. Union of India. But, all in all, it is a good article, highly informative.

  5. Very nice aritle against the security and privacy of a person, we should not expose much n social media and if you are blackmailing by a person you must lodge a report against cyber stalking.

  6. Definitely a much needed one. People know stalking is am offense. But to what extent ? Most of us ignorant to the act government has framed for our security and it’s high time we take actions upon them

  7. This is very important and correct information for today’s time, especially for women, girls and teenagers. Many people have been falling prey to it unknowingly or due to lack of correct information. Thank you very much for sharing this.

  8. The information that this article provides is so important for layman users. Today internet is the most important tool for existing. However, the more value a thing holds, the more problems it invites. Therefore it is very important to understand the pros as well as the cons, along with all types of remedies available here.

  9. Cyber stalking is a criminal offence and can lead to harassments and this article has thrown light upon all the provisions of the law . In the conclusion the ways one can seek protection is explained. Very well written

  10. The Article was extremely well written with no loopholes except the jurisdiction and societal norms in place. A complaint regarding cyber complaint is less likely to be recorded due to lack of willingness to file a complaint, which would stem from societal norms concerning the Internet being an unsafe place and due to victim shaming which are major causes for concerns in such issues for the victim and his/her family. Any person out of India involved in cyber stalking although still eligible to be prosecuted, would be extremely difficult to prosecute due to different jurisdictions and a different set of laws.

  11. This is very much appreciating piece of writing brought down by the writer. The article deals with various initiative be taking by the people especially by womens to get out of such cyber stalking on day to day basis. The article enlightens us with the various sections covered under Sections of IPC and IT Act, 2008, which deal with such offences at larger point. The article proves to be a guiding point for everyone at very much basic and informative level.

  12. The information mentioned in this article is really useful for all specifically who are using social media platforms. Stalking leads to many mental problems in a person’s life and hence it is required to be aware of the laws regarding the same. It mentions many important provisions related to the crime of cyberstalking of the Indian Penal Code and the IT Act .

  13. This comes under information gathering of social engineering which is the most important step for attackers

  14. This article is very concise and effectively explains all the provisions in which a complaint of cyber stalking can be filed. Cyber stalking is a very serious crime which not only infringes the right to privacy of an individual but also causes a lot of mental trauma and hardships to the victim. The article is very well written and mentions all the provisions in IPC and IT act at one place.

  15. very informative article for everyone . Its a very dangerous offence and evryone needs to be aware of how to deal with it .This aricle would certainly help.

  16. This article provides basic information on Cyber stalking and cyber bullying. Stalking is totally illegal and the person could get dangerous.

  17. The information that this article contains is absolutely important that each one of us must be aware of cyber stalking. The article explains clearly the legal provisions on cyber stalking and online harassment ,legal provisions under information technology act,offended sections.

  18. The author has explained the topic and related legal advisories greatly but misses out in giving a suggestion to personally protect ourselves from that.

  19. Authors spended a great time and lots of research on various section in the punishments in the in the various acts of cyber security especially on cyber stalking. An informative article to create awareness for your cyber rights.

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