Published On: August 19th 2025
Authored By: Sakshi Waskar
MIT WPU, Pune
ABSTRACT
This article explores on the rising issue of cyberbullying in India especially among the teenagers, women and public figures. As there is a rapid increase in usage of social media platforms, people are at risk to online abuse. This article deals with cyberbullying, available remedies, and what more is needed. There are various forms of cyberbullying like trolling, defaming, stalking, etc. and there are impacts of these on people like they get depressed, fear, lose self- confidence. There are existing provisions in India like IT Act and IPC but they are very scattered and have less focus on cyberbullying. With these provisions it becomes difficult to know what law is to be applied.
INTRODUCTION
Cyberbullying means to hurt, harass, threaten or humiliate someone with the use of digital technologies. It can be done on social media apps, chatting platforms or gaming apps. It also includes intentionally commenting rude, aggressive, mean texts to hurt others emotions and feelings or creating and sharing embarrassing pictures and videos.
Cyberbullying is increasing day-by-day and the targeted victims are mostly teenagers, women and public figures. Because of the increased technology access, there is a prevalence in cyberbullying. In the Covid-19 pandemic there has been a rise in the use of social media platforms, increased screen times and online interactions leading to the contribution in rise of cyberbullying. Some main social media networking sites includes Instagram, Facebook, Twitter( now X), Snapchat, WhatsApp, and YouTube.
There is no specific act or a particular law which is just made for cyberbullying. Even though cybercrime is punishable under Information Technology Act, 2000 and Indian Penal Code (IPC), they do not directly define cyberbullying as a crime. It gets unclear to people as they don’t know exactly what law is to be applied. There should be a specific law which defines cyberbullying clearly to get justice faster and ensures better awareness and more victim support. Because there is no specific law, the courts fix cyberbullying cases in different categories like ‘harassment’, ‘stalking’, etc.
FORMS AND IMPACT OF CYBERBULLYING
Some of the kinds of cyberbullying in India include bullying through text messages, phone calls, emails, instant messengers, and social media; publishing hurtful words, derogatory comments, or fake information on public forums or blogs.[1] Some common methods of cyberbullying are: Stalking, Rumour spreading, Making insulting remarks, Fun-making, Sending hurtful messages, Leaking and sharing photos, or videos through electronic media, Sharing confidential information with others without the consent of the victim, Online harassment, Name-calling, Trolling, Threatening to hurt, Death threats, Sharing sexually explicit offensive messages without consent, Hacking, Circulating private photos and videos, Circulating fake or false information.[2] The perpetrator threatens the victims out of rage, anger, depression, negative mental health or revenge. The victims agree to the demands of perpetrator as it affects their reputational damage, and they face emotional trauma.
For Instance, Award-winning South Indian Actress Parvathy was trolled and abused on social media. There were malicious comments and posts on Twitter and Facebook after she publicly criticized the misogynistic and sexist dialogues in Mammootty starrer “Kasaba”.[3]
EXISTING LEGAL PROVISIONS IN INDIA
1. Information Technology Act, 2000
- Section 66C – Punishment for identity theft.
Whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to rupees one lakh.
- Section 66D – Punishment for cheating by personation by using computer resource.
Whoever, by means of any communication device or computer resource cheats by personation, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine which may extend to one lakh rupees.
- Section 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 first conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.
- Section 67A – Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form.
Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to seven years and also with fine which may extend to ten lakh rupees.
- Section 69A – Power to issue directions for blocking for public access of any information through any computer resource.
(1) Where the Central Government or any of its officers specially authorised by it in this behalf is satisfied that it is necessary or expedient so to do, in the interest of sovereignty and integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above, it may subject to the provisions of sub-section (2), for reasons to be recorded in writing, by order, direct any agency of the Government or intermediary to block for access by the public or cause to be blocked for access by the public any information generated, transmitted, received, stored or hosted in any computer resource.
(2) The procedure and safeguards subject to which such blocking for access by the public may be carried out, shall be such as may be prescribed.
(3) The intermediary who fails to comply with the direction issued under sub-section (1) shall be punished with an imprisonment for a term which may extend to seven years and also be liable to fine.[4]
2. Indian Penal Code, 1860
Section 354A – Sexual harassment and punishment for sexual harassment
A man committing any of the following acts—
physical contact and advances involving unwelcome and explicit sexual overtures; or
a demand or request for sexual favours; or
showing pornography against the will of a woman; or
making sexually coloured remarks, shall be guilty of the offence of sexual harassment.
Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.
Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Section 354B – Assault or use of criminal force to woman with intent to disrobe
Any man who assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine.
Section 354D – Stalking
Any man who—
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
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–
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
it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
in the particular circumstances such conduct was reasonable and justified.
Whoever commits the offence of stalking shall be punished on 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.
Section 499 – Defamation
Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person.
Section 500 – Punishment for defamation
Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
Section 509 – Word, gesture or act intended to insult the modesty of a woman.
Whoever, intending to insult the modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine.[5]
3. Other Frameworks
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
There are some important provisions under this act which says that:
Offensive content shall be removed within 36 hours of being notified by social media platforms.
There must be appointment of grievance officers to handle complaints.
Even though these are rules and not sections but they are a part of statutory framework under the IT Act.
JUDICIAL RESPONSE
Arun and Ors. vs. Inspector of Police, Thiruppur North Police Station and Ors – The case was in the limelight since it affected a woman about whom a defamatory and lousy message was posted online which brought in calls from strangers threatening the woman. Section 509 of the IPC was attracted and the court held that “sending obscene messages and pictures over a mobile phone, threatening a woman in front of others amounts to outraging the modesty of a woman.[6]
CONCLUSION
The laws which currently exist are focusing more on technical crimes like hacking, theft, etc. But cyberbullying involves emotional abuse like sending messages which is hurtful or threating or body shaming the victims. So, there is a strong need to create a separate law which can have clear and focused provisions on cyberbullying. Legal reform should be supported by public awareness, digital education, and platform responsibility.
REFERENCES
[1] M V, Balamurugan G, Sevak S, et al. (August 06, 2024) Silent Screams: A Narrative Review of Cyberbullying Among Indian Adolescents. Cureus 16(8): e66292. DOI 10.7759/cureus.66292.
[2] M V, Balamurugan G, Sevak S, et al. (August 06, 2024) Silent Screams: A Narrative Review of Cyberbullying Among Indian Adolescents. Cureus 16(8): e66292. DOI 10.7759/cureus.66292.
[3] Karthika, C.. (2022). Cyberbullying on celebrities: A case study on actress Parvathy. AIP Conference Proceedings. 2463. 020036. 10.1063/5.0080175.
[4] The Information Technology Act, 2000.
[5] The Indian Penal Code, 1860.
[6] R. Arun and Ors. vs. Inspector of Police, Thiruppur North Police Station and Ors (2017).
