Authored By: Vanshika Vaishalik
Galgotias University
ABSTRACT
The Internet has revolutionized communication but it has also created new criminal opportunities, particularly for cyber stalking and online abuse. Using internet platforms to regularly and anonymously target, harass, monitor, threaten, or defame individuals is one of these offenses. Because of the anonymity and worldwide reach of the internet, these behaviours are more persistent and intrusive than traditional harassment, and they typically result in significant psychological, emotional, and reputational trauma for the victims. Women, children, and those from disadvantaged backgrounds are especially vulnerable. Common instances include revenge porn, fake social media profiles, unwanted sexual messages, and cyber bullying. Anxiety, sadness, social disengagement, or even self-harm are common outcomes of the trauma caused by such behaviour. Legal protections are offered in India by laws like the Information Technology Act of 2000[1] and the Indian Penal Code of 1860[2], but they are usually inconsistently applied and fragmented. Although some protections are provided by provisions like Section 66E (violation of privacy) and Section 354D (cyber stalking) there isn’t a specific legislation that addresses online abuse exclusively. Furthermore effective redressal is still hampered by underreporting, a lack of digital literacy, jurisdictional issues, and inadequate police training. To build a safer digital ecosystem India needs to pursue victim-centric, gender-sensitive, and technologically-aware legal reforms. Public awareness and institutional support systems need to be improved at the same time. Only by employing a comprehensive plan will the internet remain a place of freedom, security, and dignity for all users.
INTRODUCTION
The way people interact, communicate, and get information has changed significantly since the advent of the internet. The emergence of social media, online forums, instant messaging apps, and other digital platforms has made the world more interconnected than ever. However, this rapid digitization has also led to the emergence of new crimes that were previously unimaginable under traditional legal paradigms. Among the most concerning of these are cyber stalking and online harassment.
These offenses are persistent, worldwide, and anonymous, which sets them apart from regular crimes. A cyber stalker or online harasser can target a victim from anywhere at any time, including cities, states, or even other countries, without having to be physically there. The 24/7 accessibility and anonymity that enable criminals to act without consequence also contribute to the psychological toll on victims.
The act of persistently following, observing, or contacting someone online is known as cyberstalking. Sending the victim multiple messages, monitoring their online activities, threatening them, or even hacking their accounts could all be used to spy on them. The definition of internet harassment is broader, though. Doxxing (sharing private information online), impersonation, threatening messages, cyberbullying, sharing manipulated or sexually explicit images, and coordinated trolling are all considered forms of online abuse. The victim of these acts frequently experiences reputational damage, career setbacks, social isolation, and mental health issues.
In India, where they are disproportionately targeted, these offenses are particularly harmful to women, children, LGBTQ+ individuals, and socially underprivileged groups. There is still little and fragmented legal protection, despite the fact that these crimes are getting increasingly frequent. The Information Technology Act of 2000[3], which governs cyber activity, and specific sections of the Indian Penal Code of 1860 provide some legal recourse. For example, laws governing obscenity, defamation, and stalking are occasionally applied in cybercrime cases. However, there are still several legal and procedural loopholes in India because the country does not have a comprehensive and focused law that covers cyber stalking and online harassment.
In light of these challenges, this piece aims to provide a comprehensive analysis of how Indian law addresses cyber stalking and online harassment. It examines legislation laws, court rulings, and contemporary institutional procedures. It also evaluates the efficacy of these legal tools, compares Indian law to international legal frameworks, and makes recommendations for steps to build a more robust, victim-centered, and enforceable legal system. By ensuring that victims are not only protected but also have the capacity to quickly seek justice, the goal is to make the internet a safer place for all users.
CONCEPTUAL FRAMEWORK
Understanding crimes committed in the digital age requires an understanding of the concepts of cyber stalking and online harassment. Their scope and intensity differ, even though they are frequently used interchangeably. While both entail the improper use of technology to harass, threaten, or injure people, cyber stalking is usually more persistent, focused, and intimate.
Cyber stalking is the continuous and intrusive use of digital means to follow, speak with, or threaten a specific individual, causing psychological pain or distress. It can take many different forms, such as following someone on social media, sending repeating emails or direct messages, or even using spyware and GPS to track someone’s whereabouts. Sometimes the criminal gains unauthorized access to the victim’s online accounts to keep tabs on them or change their data. Anonymous threats make the victim feel even more terrified and powerless, which makes it harder to track down and confront the stalker.
Online harassment, on the other hand, is a more general word that includes a variety of hostile and abusive actions conducted through digital channels. This includes hate speech, trolling, impersonation, distributing private or altered photos without permission (such in revenge porn), sending abusive or sexually explicit messages, and publishing libelous content. Online harassment can be systemic or one-time, and it can also target communities or groups.
INDIAN LEGAL FRAMEWORK
Indian Law System India uses both general and cyber-specific criminal legislation to prevent online abuse and cyber stalking. Although there isn’t a single legislation known as the “Cyber stalking Act,” several provisions from other acts apply depending on the type of violation. The three primary statutes that apply in this case are the Information Technology Act of 2000[4], the Indian Penal Code of 1860[5], and the Protection of Children from Sexual Offenses (POCSO) Act of 2012[6].
1.The 2000 IT Act, often known as the Information Technology Act
The main piece of legislation controlling cyber activity in India is the IT Act. It was initially created to regulate electronic records and promote e-commerce, but several modifications have made it capable of thwarting cybercrimes.
Section 66E, Violation of Privacy, punishes anyone who takes, publishes, or distributes images of another person’s private body parts without that person’s consent. When it comes to “revenge porn” and sharing images without consent, this is especially crucial. The maximum penalty for the offense is either two lakh rupees in fines, three years in prison, or both.
Section 66C, Identity Theft, addresses the dishonest or fraudulent use of another person’s digital signature, password, or any other distinguishing characteristic. This technique is commonly used in cases of hacking or creating fake social media accounts.
According to Section 66D, “Cheating by Personation Using Computer Resource,” it is unlawful to use electronic media to impersonate someone in order to cheat. This includes instances where someone impersonates someone else to irritate or defame them, as well as online scams.
2.The Indian Penal Code (1890)
The IT Act and the IPC are commonly used to prosecute cyber offenses, even though the IPC predates the digital age. This is particularly true when the IT Act involves sexual misconduct, threats, or public harm[7].
Section 354D, which was specifically amended to include stalking by electronic communication, now covers stalking, including cyber stalking. If a guy continuously contacts a woman without her agreement or monitors her internet activity, he may be punished with jail time, a fine, or both. At the moment, it is gender-specific and excludes same-sex and female-on-male cyber stalking.
3.Protecting Children from Sexual Offenses Act of 2012 (POCSO)
To protect children (those under the age of eighteen) from sexual abuse including exploitation online a child-centered law known as the POCSO Act was developed.
Online grooming: POCSO punishes any adult who tries to communicate with a youngster with the goal of sexually abusing them. This includes discussions on social media, gaming platforms, and chat rooms[8].
Producing, distributing, or possessing any sexual material involving children is prohibited by the Child Sexual Abuse Material (CSAM) Act. It is prohibited to even view such stuff.
To protect minors during investigation and trial, the POCSO Act requires special courts, child-friendly processes, and confidentiality.
JUDICIAL INTERPRETATION
Case-Shreya Singhal v. Union of India (2015)
It was a landmark Supreme Court case wherein the Court ruled that Section 66A of the IT Act, 2000 violated the right to free speech guaranteed by Article 19(1)(a) and was therefore unconstitutional Despite making it unlawful to send “offensive” messages online, Section 66A was overly vague and expansive, allowing for abuse and arbitrary arrests for innocuous social media posts. The Court said that its arbitrary interpretations of words like “annoyance” and “inconvenience” restricted free expression[9].
The Court underlined that while rules against cybercrime are essential, speech limits must be reasonable and strictly specified in accordance with Article 19(2). It issued a warning that ambiguous laws cannot be enforced and permit the abuse of authority. The Court underlined that while rules against cybercrime are essential, speech limits must be reasonable and strictly specified in accordance with Article 19(2). It issued a warning that ambiguous laws cannot be enforced and permit the abuse of authority. Although the ruling was praised for defending digital free speech, it also made clear the need for more focused cyber legislation to deal with problems like online hate speech, harassment, and stalking.
INSTITUTIONAL AND POLICY FRAMEWORK
The National Cybercrime Reporting Portal
The National Cyber Crime Reporting Portal[10] is an online service created by the Ministry of Home Affairs (MHA) to assist individuals in quickly and effectively reporting cybercrimes. It specifically draws attention to crimes against women and children such as the practice of cyber stalking, sexual harassment online, content related to child sexual abuse (CSAM), Retaliation and morphing porn, bullying online.
Bystanders or victims can report incidents through the portal’s user-friendly interface without having to go to a police station. Complainants can monitor the status of their complaints and maintain their anonymity. Police departments or cyber cells at the state level receive complaints made via the site and take appropriate action.
Indian Cyber Crime Coordination Centre (I4C)
The Indian Cyber Crime Coordination Centre (I4C) was established in 2020 under the MHA as a comprehensive national-level framework to address cybercrime in a coordinated, scientific, and institutionalized manner. Its primary objective is to increase law enforcement agencies’ capacity to manage emerging cyber threats[11].
Key functions of I4C:
- coordinating the actions of the federal and state governments
- enhancing police officers’ skills with specific instruction
Through the I4C, the government aims to establish a pan-India cybercrime ecosystem that enhances cooperation between law enforcement agencies, forensic experts, and tech platforms and enables prompt responses.
Cyber Police Stations and Cyber Cells
In an attempt to decentralize the investigation of cyber offenses, several Indian states have established Cyber Police Stations and Cyber Cells in significant cities and districts. These units are specifically in charge of:
- submitting official complaints regarding cybercrime
- looking into sophisticated online crimes such as phishing, impersonation, hacking, and cyber stalking.
- Collaborating with internet service providers and specialists in digital forensics
- Helping victims with the gathering of digital evidence and legal process[12].
TECHNOLOGY PLATFORMS AND INTERMEDIARIES FUNCTION
The main channels via which cyber stalking and online harassment take place are technological platforms, particularly social media and messaging applications. Intermediaries are therefore essential in stopping, identifying, and eliminating dangerous content as well as working with law enforcement to apprehend offenders. The Indian legal system has made a concerted effort to hold these platforms responsible by enforcing both legal and moral requirements.
Regulations for the 2021 IT (Digital Media Ethics Code and Intermediary Guidelines)
India’s regulatory approach to digital platforms has seen a significant shift with the announcement of the Intermediary Guidelines and Digital Media Ethics Code Rules, 2021, under the Information Technology Act, 2000. The policies aim to create a safe and dependable internet environment by making intermediaries like Facebook, Instagram, Twitter (now X), and WhatsApp assume greater responsibility in monitoring and removing harmful and illegal content[13].
1.The 2021 Rules’ principal duties include the Grievance Redressal Mechanism (Rule 3(2)(a)).
Platforms are required to designate a Grievance Officer and set up a system for receiving and addressing user concerns in a timely manner. This is particularly crucial in situations involving cyber stalking, online abuse, and content such as impersonation or revenge porn.
2.Time-Bound Content Removal (Rule 3(2)(b))
Within 36 hours of receiving a court or government order, platforms must disable access to or remove illegal information. This clause applies to posts that contain sexual harassment, nudity, or defamatory content.
3.Originators’ Traceability (Rule 4(2))
In situations involving offenses endangering public order, sexual violence, or sovereignty, significant social media intermediaries (SSMIs) that provide messaging services (such as WhatsApp) are required to make it possible to identify the “first originator” of a communication.
4.Compliance Officer Appointment (Rule 4(1))
- SSMIs are required to designate:
- The Chief Compliance Officer is in charge of making sure that the law is followed.
- Nodal Contact Person for round-the-clock law enforcement coordination, and
- India-based grievance officer.
GENDERED DIMENSIONS OF CYBER HARASSMENT
Women and girls are disproportionately affected by online harassment and cyber stalking, which has a definite gendered component. Gender-based violence is a common manifestation of patriarchal views in the digital realm, much like offline power imbalances. Common strategies against women include character assassination campaigns, doxxing, edited photos, retaliation porn, inappropriate sexual content, and fake social media profiles. In addition to degrading women, these actions are often intended to stifle and limit their online voice.
According to a 2021 survey by the Internet Democracy Project, 70% of Indian women had been the victims of cyber bullying[14]. For women who are vocal, politically engaged, or who identify as members of oppressed communities like Muslims, Dalits, or LGBTQ+ individuals, the harassment is particularly severe. This digital abuse significantly restricts women’s freedom of speech and involvement in the digital realm by causing serious psychological injury, such as fear, despair, and withdrawal from public forums.
Gender sensitive cyber policing, which includes having trained female officers and sensitization programs for investigating officers, is urgently needed to address this. Additionally, women need to be encouraged to become digitally literate in order to identify and react to cyber threats. When combined with prompt redress and psychological support, strong and anonymous reporting systems can inspire more victims to come forward.
RECOMMENDATIONS AND REFORMS TO STRENGHTEN INDIA’S RESPONSE TO CYBER STALKING AND ONLINE HARASSMENT
Adopt a Specific internet Harassment Law The IT Act[15], IPC[16], and POCSO regulations now make up India’s disjointed framework for addressing internet harassment. However, there are issues with these regulations’ consistency, coherence, and specificity. There is an urgent need for a targeted, comprehensive law that explains internet harassment, cyber stalking, and associated offenses in detail.
- Addresses gender-specific vulnerabilities and promotes inclusivity by using gender-neutral language.
- Among other structured victim protection measures, it establishes restraining orders and safe redressal procedures..
- Imposes explicit duties on middlemen (such platforms and service providers) to maintain digital evidence and respond quickly to requests for content removal.
Such a law will enhance the public’s confidence in the legal system while simultaneously enhancing enforcement and legal clarity.
Victim-Centered Adjustments to Ensure Justice and Recuperation for Victims:
- Legal aid, psychiatric treatment, and training on internet safety should all be provided without charge.
- Complaints must be received through confidential, anonymous means to protect victims from retaliation.
- To guarantee that digital offenses are dealt with within a predetermined time frame, expedited cybercrime courts should be established
CONCLUSION
Cyber stalking and online harassment are becoming more and more dangerous threats to people’s safety, freedom, and dignity in the digital age, particularly for women and underrepresented groups. Criminals have gained confidence due to the anonymity and widespread use of the internet, and it is become harder for law enforcement to adequately investigate and punish such offenses. Despite making important changes to the Information Technology Act of 2000 and adding sections from the Indian Penal Code[17], India’s efforts are still dispersed and reactive. The dynamic and ever-changing nature of cyber offenses is not adequately captured by the current legal system. Because of social stigma, fear of reprisals, and lack of trust in redressal mechanisms, many victims endure suffering in silence.
The absence of a single victim-centered, gender-sensitive statute continues to impede justice. Although state cyber cells, the Indian Cyber Crime Coordination Centre (I4C)[18], and the National Cyber Crime Reporting Portal[19] are examples of institutional structures that have showed promise, underreporting, inconsistent implementation, and inadequate digital infrastructure in rural regions continue to be significant barriers. In the end, creating a cyberspace founded on freedom, equality, and dignity requires the cooperation of the government, IT companies, civic society, and individuals. Only by adopting such concerted steps can India fully harness the democratic promise of the internet while safeguarding its citizens from online harm.
Reference(S):
[1] Information Technology Act 2000 (India)
[2] Indian Penal Code 1860 (India)
[3] Information Technology Act 2000 (India)
[4] Information Technology Act 2000 (India)
[5] Indian Penal Code 1860 (India)
[6] Protection of Children from Sexual Offences Act 2012 (India)
[7] Indian Penal Code 1860 (India)
[8] Protection of Children from Sexual Offences Act 2012 (India)
[9] Shreya Singhal v Union of India (2015) 5 SCC 1
[10] Ministry of Home Affairs, National Cyber Crime Reporting Portal, https://cybercrime.gov.in/ accessed 22 July 2025
[11] Ministry of Home Affairs, Indian Cyber Crime Coordination Centre (I4C), https://www.mha.gov.in accessed 22 July 2025
[12] Internet Democracy Project, Violence Online in India: Cybercrimes Against Women and Minorities (2021) https://internetdemocracy.in/reports accessed 22 July 2025
[13] Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 (India)
[14] Internet Democracy Project, Online Violence: Technology-facilitated Gender-based Violence in India (2021) https://internetdemocracy.in/reports/online-violence-2021 accessed 22 July 2025.
[15] Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 (India)
[16] Indian Penal Code 1860 (India)
[17] Indian Penal Code 1860 (India)
[18] Ministry of Home Affairs, Indian Cyber Crime Coordination Centre (I4C), https://www.mha.gov.in accessed 22 July 2025
[19] Ministry of Home Affairs, National Cyber Crime Reporting Portal, https://cybercrime.gov.in/ accessed 22 July 2025
