CYBER BULLYING AND LEGAL REMEDIES IN INDIA: A CRITICAL ANALYSIS

INTRODUCTION

Since the advent of mankind and civilization, human beings have adopted to the changing needs and circumstances of the world . One such transformation is the introduction of Internet to the world. There has been a shift of transmission of information and transacting of business across borders.^[1]

The Internet is a cardinal part of mankind as it also directs positive and negative functions.^[2] Positive functions includes administering deep information and proficiency whereas negative function might include upsurges in the offence of cyber crimes.

The Internet has given opportunity to cyber criminals as well as potential cyber criminals who engage themselves in criminal disgracing activities. Cyber crime deals with activities forbidden by law.

Since , India as a democratic state works on the principle of the people,for the people and by the people. So, it holds out to be the utmost duty of the sovereign state to cater to the safety and dignity of its citizens from all sorts of crimes prevalent in the country including the Internet crimes.

Information as a resource holds no value until it is processed and utilized in its truest sense. Information Technology is considered to be the kind of technology that includes creation , gathering , processing, storage, presentation and distribution of information. IT sector deals with the information system, data storage, retrieval, analysis and intelligent decision making.^[3] Due to instant development of technology and Internet, the problem of cyber crime achieved unimaginable heights and emerged as global issue. In order to cater to the worldly issue of cyber crime, there is a need of a common international strategy for the interested and concerned countries to come together and contribute to the process.

Cyber crime can’t be restricted to common jurisdiction since it travels through borders with the offenders accessing the virtual world techniques and tools and committing heinous online crimes like cyber squatting, identity theft, online frauds, cyber stalking. Spam, hacking, cyber defamation, cyber harassment , exposure to child pornography etc.

MEANING OF CYBER CRIME

Cyber crime is category of offence that includes a computer and a network which plays a crucial role in the commencement of the crime. Cyber crimes are basically conducted or executed with the malicious intent to generate money illegally through persuasions. It tends to terrify mainstream form of online security to fulfill their pecuniary interests. There are several reasons for which the cyber offenders conduct such a crime like capital gains, inattentiveness, gratification, blackmailing or any sort of revenge from the other party etc.

The laws for prevention of such cyber crimes are enshrined under the Information Technology Act 2000. Information Technology firmly stands on hardware and software of a computer and telecommunication infrastructure.^[4] Further, due to modernization and speedy use of internet, there has been increase in the misuse of technology which necessitated the need for enactment and implementation of cyber laws.

CYBER BULLYING

It is an offence which is committed by engaging into illegal acts like stalking and blackmailing the individuals virtually. Their sole purpose for doing stands out to be demands for ransom amounts in exchange of freeing them from such torture which ultimately causes serious nervous exhaustive state for the victims. As a result of this, there come out to much more serious repercussions like the sufferers end up committing suicides and sometimes succumb themselves to depression and anxiety disorders.

Types of Cyber Bullying

1. Persistent cyber bullying^[5] : It is the type of offence that is based on the fact that social media platforms and other platforms are easily accessible to many making it much more easier for the cyber offender to commit the crime. This type of bullying is of permanent nature causing the victim to have little to no relief at all. Its constant nature makes the situation of cyber bullying worse than ever which ultimately ends up making the victim slip into extreme anxiety and depression.
2. Permanent cyber bullying^[6] : It is the type of offence where the offender makes use of the online content to defame the person in a way that leaves a permanent digital footprint or mark on the online platforms. Just in case, if the offence goes unreported then it unfortunately the defamatory act gets noticed and thus never gets deleted. It ends up leaving a brutal after effect on the life of the victim of such an offence.
3. Cyber Stalking^[7] : It is the type of offence that includes monitoring or keeping a constant check upon the activities of a person and ultimately initiating uncomfortable actions to make the situation from bad to worse. It is one of the gravest form of cyber bullying. Additionally, cyber stalking may also extend up to encountering of physical threats to the victim.
4. Trolling ^[8]: It is the type of offence that makes the offender initiate a situation where there is posting of malicious comments for the victim on online platforms like Instagram or Facebook etc. In this type of situation , the criminal doesn’t necessarily have a personal relationship with the victim but it is usually carried out to affect the victim mentally and emotionally.

Effects of cyber bullying

• There has been an instant surge in the cases of cyber crimes in the last decade and continues to speed up despite several legislative enactments to curb the same.
• An act of cyber bullying leaves an ever lasting effect or impact upon the lives of the victims making them prone to several emotionally and mentally disturbing experiences.
• It succumbs the person to low self esteem making them unsatisfactory with their own self and becoming utterly helpless.
• One single act or even recurrent acts of cyber bullying can make the victim vulnerable to suicidal tendencies and they end up taking the unfortunate steps.

Measures to prevent cyber crimes

1. Synchronized Passwords : These types of passwords are valid only for one time log in session using a synchronized card which helps the password to change every 30-60 seconds.^[9]
2. Firewalls : Firewalls create walls between a system and possible intruders and offenders to preserve the required and important documents from getting leaked or exposed. It only permits the access to the system to the person or company who has originally registered to the computer system.^[10]
3. Encryption : Encryption is considered to be an essential tool to protect the confidentiality of the data in transit. And to be more specific, it not protects the data in transit but also the information stored on a computer system can be preserved using conventional cryptography method.^[11]
4. Data Protection : There are various ways in which a personal or general confidential data can be misused like unauthorized access ; computer viruses ; modification erasures ; data typing etc. Germany was the first country to initiate the first enactment concerning data protection called the Data Protection Act in 1970^[12]. Later, United Kingdom enacted their Data Protection Act in the year 1984 as a response to the Council of Europe Convention 1981.^[13] The Data Protection Act has the sole motive of preserving the privacy of information of the individuals. India doesn’t have any Data Protection Act of its own as of now, the only sections that are applicable for such data protection mechanisms is through Section 72 and Section 43 under the Information Technology Act 2000.

LEGAL REMEDIES

Under Information Technology Act, 2000

Information Technology Act 2000 is the first cyber law approved by the Indian Parliament.^[14] There are certain provisions under the IT Act 2000 which governs the identification and investigation behind cyber crimes which are :

1. Section 43^[15] : This Section deals with the application of anyone whoever commits the particular cyber crime like harming victim’s computer in some way without their particular consent or authorization and the offender is entitled to pay for entire damage in case of any.
2. Section 65^[16] : This Section applies to the offender knowingly or unknowingly conceals or destroys any computer source code is punishable with three years of imprisonment or a fine of Rs. 2 Lakh.
3. Section 66^[17] : This Section applies to the conduct performed under Section 43 of the IT Act 2000 which comes out to be fraudulent. The punishment for the same is three years of imprisonment or a fine up to Rs. 5 Lakh.
4. Section 67^[18] : This particular Section deals with the publication of obscene or pornographic content online. If the accused in the matter is found out to be guilty, the punishment for the same is three years of imprisonment and a potential fine of about Rs. 2 Lakh.
5. The Information Technology Act has many more provisions to protect the confidential data of individuals and other bodies from getting exposed to unfair means and it ultimately plays a vital role in preventing the potential cyber crime offenders to accomplish their malicious agendas and earn unlawful capital and financial benefits out of someone else’s private content and that too without their consent altogether.

Under Bhartiya Nyaya Sanhita 2023

• Section 77^[19] : Voyeurism : This Section deals with the offence of capturing and publishing images of women without their consent.
• Section 78^[20] : Stalking : This Section includes the offence of monitoring the daily life or acts of people both physically as well as through online platforms. Cyber Stalking is punishable under this section with imprisonment and fines.
• Section 294^[21] : This Section deals with the issues like sale, distribution and circulation of obscene materials online and the offenders for the same have the punishments and fines to provide specific relief to the victims.

CRITICAL ANALYSIS

• Lack of Awareness : Due to the nature of cyber crimes specifically cyber bullying being online, there is still a large part of the Indian population that is unaware of the consequences of this heinous form of offence. It in some way or the other succumbs them to such crimes and makes them vulnerable to act in the favour of the cyber criminals.
• Unreported Cyber crimes : Despite enactments of several legislative laws, there are still handful amount of reported cases that reach the authorities. The core reason behind the same could be the fear or shame in the minds of the victims of facing persistent embarrassment from the society at large.
• Low conviction rates : Even if some of the victims gain the courage to lodge reports against the offenders, due to the low conviction rates of such crimes and manipulation of evidences, the offenders end up being free. It is one of the reasons that discourages the online crimes to get reported.

CONCLUSION

Cyber Crimes and specifically cyber bullying strives to be a growing menace in today’s world. India along with the extensive legislative enactments to count on, the country also needs to keep a check upon the increasing alarming situation of cyber bullying affecting millions. There needs to be a separate statute for cyber bullying just the way stalking has under Section 78 of Bhartiya Nyaya Sanhita 2023. The Indian legal framework needs to be a lot more victim-centric and a lot more inclusive in dealing with the cyber criminality stuff in a much extensive way. The online world of cyber space needs to safe for all to cherish their dreams and communicate effectively.

REFERENCES

^[1] Mudassir Nazir , “ Jurisdiction in Cyber Space : Issues and Challenge’s” 9 CPJLJ (2019) 198

^[2] Tisha Bansal, “ Regulation of Cybercrimes and Penalties : A Comparative Analysis” 4.1 JCLJ (2023) 370

^[3] K.P.S Mahalwar , Praveen Kumar and Varun Kumar, “ Cyber Crimes and the Law : Evaluation of the Information Technology Act, 2000” ( 2011) PL September S-2

^[4] K.P.S Mahalwar , Praveen Kumar and Varun Kumar, “ Cyber Crimes and the Law : Evaluation of the Information Technology Act, 2000” ( 2011) PL September S-2

^[5] What is Cyber Bullying? Definition, types, effects and laws, India available at : https://www.geeksforgeeks.org/computer-science-fundamentals/what-is-cyber-bullying-definition-types-effects-laws/  (last visited on 11^th July 2025)

^[6] What is Cyber Bullying? Definition, types, effects and laws, India available at : https://www.geeksforgeeks.org/computer-science-fundamentals/what-is-cyber-bullying-definition-types-effects-laws/  (last visited on 11^th July 2025)

^[7] What is Cyber Bullying? Definition, types, effects and laws, India available at : https://www.geeksforgeeks.org/computer-science-fundamentals/what-is-cyber-bullying-definition-types-effects-laws/  (last visited on 11^th July 2025)

^[8] What is Cyber Bullying? Definition, types, effects and laws, India available at : https://www.geeksforgeeks.org/computer-science-fundamentals/what-is-cyber-bullying-definition-types-effects-laws/  (last visited on 11^th July 2025)

^[9] Ranjit Singh, “ Efforts at the Global Level to Combat Cyber Crimes : An Analysis” ( 2017) 7 GJLDP (April) 25

^[10] Ranjit Singh, “ Efforts at the Global Level to Combat Cyber Crimes : An Analysis” ( 2017) 7 GJLDP (April) 25

^[11] Ranjit Singh, “ Efforts at the Global Level to Combat Cyber Crimes : An Analysis” ( 2017) 7 GJLDP (April) 25

^[12] Ranjit Singh, “ Efforts at the Global Level to Combat Cyber Crimes : An Analysis” ( 2017) 7 GJLDP (April) 25

^[13] Ranjit Singh, “ Efforts at the Global Level to Combat Cyber Crimes : An Analysis” ( 2017) 7 GJLDP (April) 25

^[14] Lavkesh Gaur, “ Evolution of Cyber Laws in India” 3.1 JCLJ ( 2022) 1454

^[15] Lavkesh Gaur, “ Evolution of Cyber Laws in India” 3.1 JCLJ ( 2022) 1454

^[16] Tisha Bansal, “ Regulation of Cyber crimes and Penalties : A Comparative Analysis” 4.1 JCLJ (2023) 370

^[17] Lavkesh Gaur, “ Evolution of Cyber Laws in India” 3.1 JCLJ ( 2022) 1454

^[18] Lavkesh Gaur, “ Evolution of Cyber Laws in India” 3.1 JCLJ ( 2022) 1454

^[19] Cyber Crime punishments under BNS , India  available at : https://www.myjudix.com/post/cybercrime-punishments-under-bns-bharatiya-nyaya-sanhita ( last visited on 11^th July 2025)

^[20] Cyber Crime punishments under BNS , India  available at : https://www.myjudix.com/post/cybercrime-punishments-under-bns-bharatiya-nyaya-sanhita ( last visited on 11^th July 2025)

^[21] Cyber Crime punishments under BNS , India  available at : https://www.myjudix.com/post/cybercrime-punishments-under-bns-bharatiya-nyaya-sanhita ( last visited on 11^th July 2025)