Cyberbullying and Legal Remedies in India: A critical analysis

Leave a Comment / Legal Articles / By

Published On: August 11th 2025

Authored By: Yashika Kaushik
Aamna Law College, CCSU

Introduction

In recent years, India has witnessed a significant rise in the prevalence of cyberbullying, driven by the rapid expansion of digital technology and social media usage among youth. While these platforms facilitate connections and information sharing, they also expose individuals, especially adolescents, to detrimental online behaviours such as harassment, humiliation, and threats. The socio-cultural diversity, coupled with varying levels of digital literacy and awareness, complicates the challenge of addressing cyberbullying effectively across the country. This scenario underscores the urgent need for comprehensive measures—legal, educational, and technological—to mitigate its adverse effects and promote a safer online environment for all users.

According to Wong-Lo and Bullock (2017), cyberbullying is a form of bullying that occurs throughdigital media or electronic means.. Cyberbullying, according to Perry Aftab and Wired Safety, is typically defined as the use of electronic communication tools—such as social media, text messages, emails, and online forums—to harass, threaten, humiliate, or target another person in a repetitive and intentional manner. Perry Aftab emphasizes that cyberbullying involves behaviors that can cause emotional distress, fear, or harm, and it often includes actions like spreading rumors, posting hurtful comments, sharing private information without consent, or engaging in online harassment.

The Indian perspective

The perspective offered by eminent Indian criminologist Dr. K. Jaishankar (2009) provides a comprehensive and insightful view on cyberbullying, highlighting its cultural and social dimensions within the Indian context. He broadened the traditional definition of cyberbullying to include various forms of abuse and harassment that involve teasing or insulting individuals based on their physical appearance, intellect, family background, dress sense, mother tongue, place of origin, attitude, race, caste, class, or through name-calling. This harassment can occur via modern telecommunication networks such as mobile phones—through SMS and MMS—as well as through the Internet on chat rooms, emails, notice boards, and online groups. Jaishankar’s perspective underscores that electronic bullying, also known as online bullying or cyberbullying, comprises new methods of harassment facilitated by technology. These include interactions on social media platforms like MySpace and Facebook, email exchanges, chat room conversations, mobile phone texting, and the use of cameras and picture messages, making it a multifaceted and pervasive form of bullying driven by digital communication tools.

Cyberbullying tends to be more prevalent among teenagers, largely due to their extensive online activity and susceptibility to peer influence. During adolescence, individuals are exploring their identities and are often more vulnerable to social pressures, making them more likely to encounter or engage in cyberbullying. Statistically, studies have shown that teenagers are among the most frequent victims and perpetrators of online harassment. Additionally, women are often more prone to experiencing cyberbullying compared to men, especially in forms such as social exclusion, body shaming, or gender-based harassment. Research indicates that women and girls are disproportionately targeted with sexist or misogynistic content online, which can have severe emotional and psychological impacts. Overall, both age and gender play significant roles in the dynamics of cyberbullying, highlighting the need for targeted interventions and awareness efforts to protect vulnerable groups.

The various forms of cyberbullying, as outlined in multiple academic and research sources, highlight the diverse ways in which harassment can occur in the digital realm. These include:

  • Flaming: Engaging in online “fights” through the exchange of messages filled with angry, vulgar, and hostile language.
  • Harassment: Repeatedly sending offensive, rude, and insulting messages intended to hurt or disturb the recipient.
  • Denigration: “Dissing” someone online by posting or sharing cruel gossip, rumours, or false information aimed at damaging their reputation or relationships.
  • Impersonation: Hacking into someone’s online account, then posing as that person to send malicious messages, tarnish their image, or put them in trouble or danger.
  • Outing and Trickery: Sharing someone’s secrets or embarrassing images online or persuading someone to disclose personal information, which is subsequently shared or posted publicly.
  • Exclusion: Deliberately excluding someone from online groups, such as a “buddy list,” to isolate or bully them socially.
  • Cyber stalking: Repeatedly sending threatening or intimidating messages and engaging in other online behaviours that make the victim fear for their safety.

This classification of cyberbullying behaviours, drawn from established studies, illustrates how the digital environment provides multiple avenues for harmful and aggressive actions. It underscores the importance of awareness and protective measures to mitigate these forms of online abuse.

The legal remedies in India

Cyberbullying is a serious issue that has garnered attention from governments and organizations worldwide. To combat this, many countries have implemented laws and policies aimed at protecting victims and holding offenders accountable. In recent years, there have been notable changes and updates to these laws to better address the evolving digital landscape.

In India, the key legislation addressing cybercrimes, including cyberbullying, is the Information Technology Act, 2000. This law has been amended multiple times to strengthen cybercrime provisions. The latest updates include stricter punishments for offenses such as harassment, stalking, and the transmission of offensive messages through digital means. The amendments also introduced provisions for recognizing cyber harassment as a crime, with defined procedures for reporting and investigation. Notably, the rules related to data protection and privacy are also evolving, emphasizing the importance of safeguarding individuals’ personal information online.

Legal remedies for victims include filing complaints with the police under the amended provisions or through dedicated online portals such as the National Cyber Crime Reporting Portal (cybercrime.gov.in). This portal enables users to report cybercrimes easily and anonymously, facilitating quicker response and investigation. Victims can also seek legal action through courts to obtain restraining orders or damages if they have been harmed.

Support systems are available through several helplines and organizations that provide assistance for those affected by cyberbullying. The Cyber Crime Helpline (155260, 1800-180-1551) offers guidance, counselling, and connection to legal resources. Various NGOs actively work to raise awareness about online safety, offer counselling, and help victims navigate legal processes.

INDIAN CASE LAWS

India has seen several landmark case laws and judicial decisions addressing cyberbullying, reflecting its growing importance in the legal landscape. Here are some key cases that have shaped the legal approach to cyberbullying and online harassment in India:

  1. Shreya Singhal v. Union of India (2015)
    • Although primarily a case challenging the constitutionality of Section 66A of the Information Technology Act, 2000, the Supreme Court struck down this section for being vague and overly broad, which was often misused to censure free speech online. This judgment emphasized the importance of balancing free expression with responsible online behaviour, setting a precedent for how cyber harassment cases are viewed from a constitutional perspective.
  2. S. Puttaswamy (Retd.) vs. Union of India (2017)
    • This landmark case on privacy reaffirmed that the right to privacy is a fundamental right under the Indian Constitution. It has important implications for cyberbullying, especially cases involving hacking, unauthorized access to personal data, and misuse of personal information online.
  3. State of Tamil Nadu v. Suhas K. K. (2018)
    • The Madras High Court delivered a notable ruling that emphasized strict action against cyber harassment and cyberstalking, recognizing the severity of online threats and their impact on victims’ mental health and safety. The court directed authorities to act swiftly against such cases.
  4. Delhi High Court on Cyber Harassment (2019)
    • The court acknowledged the increasing prevalence of cyberbullying and emphasized the need for stringent enforcement of existing laws to protect victims. It underscored the importance of quick reporting and the role of social media platforms in curbing misuse of their services.
  5. The Cyber Crime Complaint Portal Cases
    • Several cases have involved the use of the National Cyber Crime Reporting Portal (cybercrime.gov.in), where courts have directed police to investigate and prosecute online harassment based on complaints filed through the portal, emphasizing the importance of this digital reporting system.

While there isn’t a single comprehensive “law” that specifically addresses cyberbullying in the way that traditional laws do, these cases reinforce the importance of existing statutes like the Information Technology Act, 2000, and Indian Penal Code provisions related to harassment, stalking, and defamation. Courts have increasingly recognized cyberbullying as a serious offense and are making rulings that prioritize victim protection, accountability of offenders, and the importance of swift legal action.

Recent changes in laws reflect a growing recognition of the need to address cyberbullying more effectively. For example, some states in India have introduced specific policies targeting online harassment and cyber stalking. The government is also working toward establishing stricter penalties and faster mechanisms to deal with online offenses. We can definitely see how, the legal landscape around cyberbullying is continuously improving, with amendments designed to better protect victims and deter offenders. Alongside these laws, accessible helpline numbers and online portals provide vital support, ensuring that victims can seek help promptly and effectively. Staying informed and aware of these resources is essential in the fight against cyber harassment.

CONCLUSION

In conclusion, although progress has been made in tackling cyberbullying through improved laws, awareness initiatives, and support services, significant challenges still persist. The rapid development of online platforms constantly introduces new ways for harassment to occur, often outstripping existing legal frameworks and preventive measures. Additionally, social and cultural factors such as the stigma associated with reporting incidents, lack of awareness, and hesitancy among victims hinder efforts to address the problem effectively. To truly curb cyberbullying, a comprehensive strategy is necessary—one that combines strong legislation, preventive education, enhanced digital literacy, and easy access to support systems. Building a responsible online community and ensuring victims feel safe to seek help are vital steps toward fostering a safer digital space for everyone.

REFERENCES

Related Posts

Leave a Comment

Your email address will not be published. Required fields are marked *

Subscribe
Subscribe
Scroll to Top