CYBER STALKING IN INDIA

Table of Contents

INTRODUCTION

Cyber Stalking

Cyber stalking is a type of crime. In cyberstalking, there is the involvement of two persons-

The stalker is also known as an attacker who does the crime and

The Victim who is harassed by that stalker.

Cyberstalking is also known as cybercrime.

Cyber which is related to the internet and stalking means browsing anyone’s online history with the help of any social media or other websites to know about that particular person is term as stalking.

Cyberstalkers totally rely upon the inconspicuousness given by the internet, which allows them to stalk their victims without being detected.

Cyberstalking is totally different from the spamming of messages by the spammer.

Stalking means consistently following any Specific person over a long period of time. it involves harassment or threatening behavior. The stalker consistently follows a person everywhere at home, public places, offices, 
workplaces etc, and the stalker also threaten that person by repeatedly sending messages and doing fake or blank phone calls. But, in the case of cyber stalking, there is a use of the internet or any other electronic media by 
which the communication can be done through E-mails or SMS.

LAWS RELATED TO CYBERSTALKING

Cyberstalking is a serious crime and a type of offense committed by the person’s known as stalkers.

There are many cases filed against those persons by the victim every year in India.
In India the cases which are filed against those stalkers are majorly reported by females, nearly about 70% of females get victimized.

There are laws related to cyberstalking are as-

1. Information technology act 2000.
2. The criminal law (Amendment) act 2013.

Information technology act 2000.

Section 67 in The Information Technology Act, 2000

77 [ 67 Punishment for publishing or transmitting obscene material in electronic form. -Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on 1st conviction with imprisonment of either description for a term which may extend to 3 years and with fine which may extend to 5 lakh rupees and

in the event of 2nd or subsequent conviction with imprisonment of either description for a term which may extend to 5 years and also with fine which may extend to 10 lakh rupees. ]

If any person is publishing or sending any salacious material in the form of electronic media is to be charged under section 67 of the Act. This dose not involves the determination of the extent of liability of ISP
(internet service providers) and their directors.

For the preclusion of cyber stalking the protection of the data is very important, which gets leaked easily by the
hackers. According to the amended IT act, section 43 A is added for the inclusion of a Body corporate”, the allowing of the compensation in the case of a firm or a company which causes any wrongful losses or gain to any person by
the way of transmitting any sensitive information and the maintenance of such type of security, then such body corporate shall be liable to pay damages by way of compensation.

The Information Technology Act, 2000 also comes into picture 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 fine of up to Rs. 1 lakh.

A second or subsequent conviction is punishable by imprisonment for up to 10 years with a fine of up to Rs. 2 lakh.

Section 500 of the Indian Penal Code that deals with defamation, can be applied in case of cyber stalking in India
if the stalker forges the victim’s personal information to post an obscene message or comment on any electronic
media. Section 500 criminalises publishing any false statement against a person or harming the person's reputation
and provides punishment for any such act with imprisonment up to 2 years, fine or both.

The first ever complaint against cyber stalking in India was filed by Ritu Kohli in 2003, whose name and contact information was posted by her husband’s friend on a chatting site, without her permission. She filed a complaint with the cyber cell in India under Section 509 of the Indian Penal Code for outraging her modesty.

The crime of cyber stalking in India is prominently increasing, with new cases of internet stalking every day.
With ease in accessing personal information of a person online, cybercriminals are easily able to stalk and harass a person.

The criminal law (Amendment) act 2013.

STALKING

(1) Any man who–

(i) follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or

(ii) monitors the use by a woman of the internet, email or any other form of electronic communication, commits the offence of stalking:

Provided that such conduct shall not amount to stalking if the man who pursued it proves that–

(i) it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or

(ii) it was pursued under any law or to comply with any condition or requirement imposed by any person under any law;

(iii) in the particular circumstances such conduct was reasonable and justified.

(2) Whoever commits the offence of stalking shall be punished on the first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.]

STATE AMENDMENTS

Chhattisgarh.–

After Section 354D of the Penal Code, the following shall be inserted, namely: —

354E. Liability person present who fails to prevent the commission of offence under Section 354, 354A, 354B, 354C, 354D. —

Whoever, being present at the time of the commission of an offence under section 354, section 354A, section 354B, section 354C or section 354D and being able to prevent such offence, fails to prevent the commission of such offence or not being in the position to prevent the commission of a such offence, fails to give information of the commission of such offence to the nearest magistrate or police officer, by any mode, with the intention of screening the offender from legal punishment, shall be liable for abetment of such offense and shall be punished with imprisonment of either description which may extend to three years or with fine or with both.]

[Vide Chhattisgarh Act 25 of 2015, sec. 3].

STATE AMENDMENT

Jammu and Kashmir and Ladakh (UTs).–

After section 354D, insert the following section, namely:–

354E. Sextortion.–(1) Whoever,–

(a) being in a position of authority; or

(b) being in a fiduciary relationship; or

(c) being a public servant,

abuses such authority or fiduciary relationship or misuses his official position to employ physical or nonphysical forms of coercion to extort or demand sexual favors from any woman in exchange for some benefits or other favors that such person is empowered to grant or withhold shall be guilty of offense of sextortion.

Explanation.–For the purpose of this section, sexual favor shall mean and include any kind of unwanted sexual activity ranging from sexually suggestive conduct, sexually explicit actions such as touching, and exposure of private body parts to sexual intercourse, including exposure over the electronic mode of communication.

(2) Any person who commits the offense of sextortion shall be punished with rigorous imprisonment for a term which shall not be less than three years but may extend to five years and with a fine.

The act includes Stalking” as an offence under Section 35D of the IPC(Indian penal code).

This act states that, Any man who-
I. contacts and follows a woman or attempts to contacts such woman to proselytize personal communication repeatedly despite of being clear indication of disinterest by such woman or;
II. Observe the use of a woman over the internet, instant messages, e-mail or any other form of electronic communication is the offence of stalking”.
Racism is also a factor in cyber stalking.

CONCLUSION

Social media platforms allow people to connect with each other and access each other’s information with a single click. However, on the flip side, technology has certain loopholes which allow criminals to misuse this liberty of access, leading to a rise in cyber crimes.

cyberstalking is the use of technology, the internet in particular about harassing a person. This harassment includes monitoring someone’s online activities, threats, identity theft, data theft, forging their data, etc

Cyberstalkers use multiple methods to stalk a person over the internet like SMS, phone calls, emails, etc., the most common being social media platforms. Social media websites and mobile apps have access to a user’s personal information like pictures, addresses, contacts, and whereabouts. Stalkers are able to misuse this information to threaten, blackmail, or physically contact the victim