Authored By: Fathimathe Shahana Chorapilan
Government Law College Kozhikode
INTRODUCTION
India has seen how rapidly evolving digital technology and social media have changed communication and accessibility. How rapidly Cyber technology has changed women’s harassment is the dark side of this progress. The National Crime Records Bureau states that reported cases of cybercrimes against women, including stalking, online harassment, identity theft, and the distribution of obscene materials, have increased. Growing use of digital media has resulted in violence against women beyond the physical domain.
India has made efforts in this direction passing laws such as the Information Technology Act, 2000 and various clauses in the Bharatiya Nyaya Sanhita. These laws and many more have not proved to be effective mainly due to the lack of awareness and reporting, enforcement issues and the complexity of technology. The protective anonymity of the internet makes identifying and prosecuting offenders very difficult, leaving many women victims helpless and without any legal redressal.
This article argues that India certainly has a decent legislative structure to handle the issue of cybercrimes against women; however, there is a tremendous gap when it comes to implementation, enforcement, educating the public, and specialized cyber police. There is a need to focus these efforts towards making the digital environment a safe space for women.
The article first looks at the type of cybercrime against women, then discusses India’s judicial decisions and legal structures. Lastly, the article discusses the enforcement issues and offers legal and preventive changes to promote cyber protection of women.
NATURE AND FORMS OF CYBERCRIMES AGAINST WOMEN
Cybercrimes against women refer to offences committed through computers, digital devices, social media platforms, or the internet with the intention of harassing, threatening, exploiting, or violating the privacy and dignity of women. Exploitation of women through technology becomes worse with the ever-increasing, almost unbounded, potential of digital communication. In addition, the anonymity afforded by digital communication allows even the most traditional of crimes to be perpetrated with the potential of a rapid and large digital footprint offering almost no regard for the psychological, social and reputation-related harm to victims of digital crimes.
Cyber stalking:
Cyberstalking is using electronic means repeatedly and continually for the purpose of harassing, threatening, surveilling or intimidating females. The most common methods of cyberstalking involve sending unwanted electronic messages, monitoring online activity, and using false identities on social media to continue to harass someone even though you may have been blocked. Because of the anonymity of the internet, it is very difficult to identify the perpetrator and therefore increases the potential for women to be victimized. Cyberstalking will have a long-term impact on a woman’s mental health, her ability to be free, and her feeling of security.
Morphing:
The act of morphing involves digitally manipulating images of women in an effort to create false, obscene or sexually explicit imagery of the victim. The manipulative imagery is often sent via text messages and/or posted on social media for the purpose of humiliating, blackmailing, or to damage the reputation of the victim. Morphing is also a violation of a woman’s privacy and dignity, and may have devastating emotional effects on a woman who has been morphed into a false identity.
Revenge Pornography:
Revenge pornography: Revenge pornography is the non-consensual sharing or publishing of sexually explicit images and/or sexually explicit videos of women by ex-boyfriends, or by acquaintances of the woman. To share or publish such images and/or videos, is a major violation of women’s privacy, and can cause victims psychological pain, public humiliation and social stigma. Once photographs/images and/or video are published on the internet, due to the speed at which images and/or videos spread, it is nearly impossible for the victim to have the material removed from the internet.
Online Harassment and Cyber Bullying:
Online harassment and cyber bullying refer to the harassment and bullying that women experience online from others on social media, through emails, in games and through messaging apps. Women often experience trolling, making abusive remarks or comments, making threats and making slanderous statements about them online. The continual abuse that women experience online can negatively impact their mental health, and discourage women from feeling comfortable participating in digital spaces.
Identity Theft and Fake Profiles:
Typically through information, pictures, or accounts of another person, identity theft is when an individual steals or improperly uses someone else’s identity. Women are often the targets of cybercriminals’ creation of false profiles on social media sites that use a woman’s identity to defame, deceive, or commit fraud against others. The misuse of an identity has a significant impact on the victim’s reputation and credibility and may also expose them to either online harassment or emotional distress. The misuse of personal information has become increasingly common due to the growing volume of information shared publicly on digital platforms.
Sextortion:
Deriving from the words ‘sex’ and ‘extortion’, ‘sextortion’ is an act of Cyber Crime where a female individual is blackmailed for money or other favours using intimate images, videos or private information (such as a telephone number) of the victim. The offender may threaten to publish, or circulate the intimate materials or private information unless a sufficient amount of money or other favours have been provided to the offender. Sextortion usually occurs through either social media interactions, online relationships, or the offender hacks the victim’s personal accounts and/or devices. Victims of sextortion experience fear, shame, anxiety, and/or psychological trauma from the social stigma attached to these types of criminal offences.
Phishing and Online Fraud:
Phishing and online fraud are types of deceptive online behaviour that are intended to obtain confidential or secret personal and/or financial information from individuals. Phishing and online fraud are carried out by cyber-criminals who use e-mails, text messages, or fake websites to deceive victims into giving them their passwords, banking information, and other personal information. Women may also become the victims of online shopping frauds, employment frauds, and financial frauds. Phishing and online fraud can result in financial loss, identity theft, and violation of the victim’s right to privacy.
LEGAL FRAMEWORK AND PUNISHMENTS IN INDIA
India has enacted various statutory provisions to address cybercrimes against women through the Information Technology Act, 2000 and the Bharatiya Nyaya Sanhita. These laws criminalise identity theft, online harassment, cyber stalking, privacy violations, and publication of obscene material.
INFORMATION TECHNOLOGY ACT, 2000
Section 66C – Identity Theft
Identity Theft as defined under Section 66C of the Information Technology Act, is creating an offence of identity theft by using fraudulent acts to gain an electronic signature or password or other unique identification of an individual. An offender can be imprisoned for a term of 3 years, fined maximum of One Lakh Rupees.
Section 66D – Cheating by Personation
Cheating by impersonation with the use of computer resources or communication devices is addressed in Section 66D. This section is most often applicable in instances of false social media profiles or online scams. The maximum punishment for the crime is three years or a fine of one lakh rupees.
Section 66E – Violation of Privacy
An offence under Section 66E is a person capturing, publishing or transmitting private images of another person without their consent, so as to protect their dignity and privacy rights. Imprisonment or a fine may be imposed for this offence that ranges from a fine not exceeding Rs. 2, lakh or three years in prison or both.
Section 67 – Publication of Obscene Material
Section 67 prohibits publishing or transmitting obscene material electronically. The section is often applied where women are subject to online harassment or have their obscene material circulated. An offender can be imprisoned for a term that may extend 5 years and also with fine which may extend to 10 Lakh Rupees.
Section 67A – Publication of Sexually Explicit Material
Under Section 67A, the publishing of sexually explicit material is a criminal act which is both published and transmitted electronically; electronically encompasses intimate images and videos that have been sent to anyone without consent. The penalty for an offence under this section is more severe than for any other type/section of offence due to the seriousness of the offence. An offender can be imprisoned for a term that may extend 7 years and also with fine which may extend to 10 Lakh Rupees.
BHARATIYA NYAYA SANHITA, 2023
Section 75 – Sexual Harassment
Any type of sexual harassment is covered under section 75. Examples of sexual harassment are making inappropriate comments with a sexual connotation, requesting sexual favours, or other inappropriate conduct if they occur on an online platform. If the conduct is determined to be a criminal act, there is a punishment associated with the crime. Depending on your offense’s nature, you could be sentenced to up to three years in prison or fined or both.
Section 77 – Voyeurism
Section 77 punishes anyone who records, observes or shares an image of another person (specifically a woman) who is participating in an intimate act without that person’s consent. This type of behaviour would apply to instances where a person has made a hidden recording or has shared content of an intimate nature without the person’s consent on a digital platform. If convicted for the first time, you could be sentenced to at least one year in prison (only up to three years) and also face a fine. If you are convicted for a second or more, you are subject to imprisonment for up to seven years and could also be fined.
Section 78 – Stalking
Stalking is a crime under section 78, including cyberstalking. It is defined as someone who has repeatedly tried to contact, follow, or monitor another person via electronic communication, even when that person has specifically stated that they are not interested in having contact, or that they are not interested in having the other person follow them. The maximum punishment for a first offence can be imprisonment for up to three years and a fine, while the maximum penalty for subsequent offences could be up to five (5) years imprisonment and/or a fine, and these for section 78 cases are the same.
Section 79 – Insulting the Modesty of a Woman
Section 79 penalizes the intentional use of verbal, nonverbal, or electronically created materials that denigrate a woman’s right to modesty. Examples of this would include insulting messages and obscene online communications directed toward a woman. Giving an offence under Section 79 may incur a penalty of 3 years imprisonment and/or a fine.
Section 351- Criminal Intimidation
Criminal Code section 351 creates an offence where a person makes threats that are designed to instil fear in a person or forces a person to act contrary to their will. This may also apply to situations where a person has made online threats, has abused someone using blackmail, or has attempted to use intimidation or other forms of coercion through electronic means. Depending on the severity of the threat made, the penalty can include imprisonment, a fine, or a combination of both.
Section 356 – Defamation
Defamation is an offence under section 356 if false statements, false postings, or altered material are published or sent electronically to harm the reputation of a woman. The maximum punishment is up to two (2) years’ imprisonment, a fine or both.
LANDMARK CASES ON CYBER CRIMES AGAINST WOMEN IN INDIA
State of Tamil Nadu v. Suhas Katti[1]
This is considered to be one of the first significant convictions for cybercrime in India and therefore has precedent. The defendant was charged with creating and sending out fictitious online messages and obscene messages regarding a divorced woman on a Yahoo message group as well as sending out her personal contact information over the internet, which resulted in continuous harassment. The defendant was convicted on multiple counts under the Criminal Code and the Information Technology Act 2000 for his actions. The courts use this case to prove that online harassment and cyberstalking can be satisfactorily prosecuted using Indian law, in addition to pointing out to the unacceptable level of misuse of digital platforms against women.
Shreya Singhal v. Union of India[2]
This case was a significant case in that it established the constitutionality of Section 66A of the Indian Information Technology Act of 2000, which was deemed to violate an individual’s right under Article 19(1)(a) of the Constitution of India. The importance of this case extends beyond the free speech element, since it was raised to a high level of concern when discussing regulations pertaining to the Internet and harassment online. This court ruling emphasized the necessity of establishing a well-balanced set of laws governing the Internet that survey and restrict abuse and provide protection for women and other victims of online abuse while also preserving individual freedom under the constitution.
Kalandi Charan Lenka v. State of Odisha[3]
In this instance, the defendant established false social networking accounts under the complainant’s name and disseminated presentably obscene material and altered images to slander and torment her. The Orissa High Court emphasized the grave nature of cyberbullying and further stated that acts of this nature violate women’s dignity and their right to biographical privacy. The case demonstrated the escalating use of social media sites for the harassment of females and reaffirmed the importance of having legal protection from any sort of cybercrime.
Aparna Bhat v. State of Madhya Pradesh[4]
Although this is not strictly a cybercrime case, the Supreme Court strongly emphasized the importance of a woman’s dignity and critical judicial practices that belittle a woman in the Commission of an offence. The observations of the Supreme Court are applicable to cybercrime cases against women and relate specifically to the need for sensitive victims in legal matters to achieve gender justice.
These landmark decisions demonstrate the judiciary’s increasing recognition of cybercrimes against women as serious violations of privacy, dignity, and women’s rights in the digital era.
ENFORCEMENT GAPS AND PRACTICAL CHALLENGES
The increase in the number of cybercrimes against women in India evidences that the legal provisions of the Information Technology Act, 2000, and the Bharatiya Nyaya Sanhita, 2023, provide insufficient protection in the absence of support mechanisms and structures that can enable protection.
The most serious challenge is the failure to report cybercrimes. The social and legal stigmas associated with reporting, such as victim blaming, fear of social and legal repercussions, and irreparable damage to the victim’s social position, discourage several women from reporting the crimes. As a result, numerous cases of cyber victimization go completely unreported.
The inadequate level of cyber and digital awareness stands as the primary focus of protection mechanisms. The absence of adequate knowledge of preventive measures and the legal avenues against combating cybercrimes has compelled women to accept online victimization, identity theft, and cyber harassment.
The anonymous, borderless, and ever-changing nature of the internet makes it difficult to investigate and prosecute offenses. Cyberspace criminals create fake identities and use encrypted messages and anonymous accounts. There are also issues related to jurisdiction if offenders or internet servers are abroad.
Also, there are still barriers like poor cyber infrastructure and a shortage of skilled cyber officers and personnel especially trained to enforce the law. Digital forensic tools are still poor, coupled with delays in cyber investigations, and slow judicial processes, it makes legal remedies practically ineffective.
With the rapid improvement of technology, there are also new forms of cyber offenses which are not sufficiently covered by current laws (like the use of artificial intelligence and Deepfake technology in cybercrimes). This demonstrates the legal system’s inability to keep pace with technology and the threats that come along with it.
Even if India has enacted laws against cybercrimes against women, it shows that India has made laws but the implementation has not been sufficient. It requires a systematic approach of cyber policing, high level law enforcement and other supporting laws to give women users of cyberspace the protection they deserve.
PREVENTIVE MEASURES AND POLICY RECOMMENDATIONS
Enhancing Cyber Policing
In order to conduct a thorough investigation and quick resolution of complaints regarding cyber crimes, dedicated cells should be created within law enforcement agencies specifically to address cybercrime and should offer personnel, forensic equipment, and training.
Increasing Digital Literacy/Awareness
Cyber-awareness training programs should be conducted at educational institutions (schools and colleges) and job-related locations to help educate females on online safety, ways to protect themselves with regard to privacy, and understand the legal recourse available if they are victims of cyber crime.
Creating Victim-Friendly Complaint Mechanisms
In order for victims of cybercrime to feel comfortable reporting the crime, private reporting options, counselling/support services, and access to legal aid/support services should be increased to reduce the risk of being offended by reporters.
Faster Investigations/Judicial Processes
To develop an effective justice system and have greater faith in that system, investigations of cyber crime and the subsequent legal case must occur soon after, and the judgement made in the case must be issued very quickly afterward.
Cooperation Between Technology Platforms and Law Enforcement
Digital platforms and social media should partner with legal agencies in removing illegal materials, preserving digital forensic material, and identifying criminal suspects.
Greater Laws Need to Have Enforcement & Change
To meet new and evolving cyber threats, it is necessary to enforce existing laws on a stringent basis and develop new ones to protect women in India from all types of cyber attacks.
CONCLUSION
The rise of cybercrimes against women in the digital age has created serious problems for women’s privacy, dignity and safety. Although India has enacted laws to protect women through the Information Technology Act, 2000 and the Bharatiya Nyaya Sanhita, 2023, the lack of awareness, delays in investigations, insufficient enforcement and other enforcement gaps continue to limit their usefulness.
As a result, there is a need for greater cyber policing, legal reform, public awareness about these crimes and assistance for victims in order to properly protect women in cyberspace and protect women’s rights and dignity in the digital age.
REFERENCE(S):
Cases
State of Tamil Nadu v. Suhas Katti, C.C. No. 4680 of 2004 (C.M.M. Egmore Nov.5, 2004)
Shreya Singhal v. Union of India, AIR 2015 S.C. 1523.
Kalandi Charan Lenka v. State of Odisha, 2017 SCC OnLine Ori 1333.
Aparna Bhat v. State of Madhya Pradesh 2021 SCC OnLine SC 230.
Legislation
Information Technology Act, 2000.
Bharatiya Nyaya Sanhita, 2023.
Secondary Sources
Samridhi Goyal, Cyber Crimes Against Women and Prevention (Chanakya National Law University, 2025).
Hemangini Shekhawat, Cyber Crimes against Women (International Journal of Law Management & Humanities, 2022).
[1] State of Tamil Nadu v. Suhas Katti, C.C. No. 4680 of 2004 (C.M.M. Egmore Nov.5, 2004)
[2] Shreya Singhal v. Union of India, AIR 2015 S.C. 1523.
[3] Kalandi Charan Lenka v. State of Odisha, 2017 SCC OnLine Ori 1333.
[4] Aparna Bhat v. State of Madhya Pradesh 2021 SCC OnLine SC 230.
