Published on: 19th December, 2025
Authored by: Ankit Mohanty
SOA NATIONAL INSTITUTE OF LAW
Abstract
The digital revolution has brought tremendous change in communication and interconnection, giving rise to new-age crimes such as cyberbullying. In India, the increasing penetration of social media and internet platforms has led to a significant rise in incidents of online harassment, particularly among young people and vulnerable populations. Cyberbullying involves the use of online platforms to harass, threaten, or harm individuals. This article examines the concept of cyberbullying, analyzes the current legal framework in India, identifies legislative gaps, and proposes reforms to establish a victim-centric, robust legal approach.
I. Introduction
The internet has transformed into a double-edged sword. While it facilitates economic development, education, and communication, it also provides anonymity that emboldens individuals to harass others without immediate consequences. Cyberbullying refers to the use of digital platforms to engage in acts of harassment, threats, humiliation, and intimidation targeting individuals. Unlike traditional bullying, cyberbullying is pervasive, often anonymous, and can occur continuously.
India, with over 800 million internet users, faces a growing challenge in protecting individuals and regulating online spaces.[1] Young people, women, and marginalized communities are particularly vulnerable to online abuse. While some legal remedies exist, there is an urgent need for dedicated, comprehensive cyberbullying legislation.
II. Understanding Cyberbullying
Definition and Forms
Cyberbullying can be defined as repeated, intentional, and hostile behavior by an individual or group that harms another person through electronic means. Common forms include:
–Â Creating and sharing humiliating videos or images
– Sending abusive or threatening messages
– Doxxing (publishing private information online with malicious intent)
– Sharing revenge pornography (private or morphed images)
– Circulating false rumors online
Psychological and Social Impact
Victims of cyberbullying often suffer from depression, anxiety, and low self-esteem. In extreme cases, cyberbullying has led to suicide. The constant connectivity of digital life means harassment is relentless and nearly impossible to escape. Young people, especially teenagers, are particularly vulnerable, often lacking the support systems, resources, or confidence to seek help.
III. Legal Framework in India
The legal framework addressing cyberbullying in India consists of a combination of statutes and judicial interpretations.[2] The Information Technology Act, 2000, along with its amendments, plays a crucial role in regulating cyber activities. However, India has transitioned from the Indian Penal Code, 1860 to the Bharatiya Nyaya Sanhita (BNS), which came into effect in 2023, providing updated provisions for addressing cybercrimes.
Information Technology Act, 2000
Several provisions under the IT Act address aspects of cyberbullying:
Section 66A (Struck Down): This section, which penalized sending offensive messages through communication services, was struck down by the Supreme Court in Shreya Singhal v. Union of India (2015) for being unconstitutionally vague and infringing upon freedom of speech.[3] It is no longer in force.
Section 66C: This provision addresses identity theft—the fraudulent use of another person’s electronic signature, password, or unique identification. Offenders face imprisonment up to three years and fines up to one lakh rupees.
Section 66E: This section punishes violations of privacy, specifically the intentional capture, publication, or transmission of images of a person’s private areas without consent. Penalties include imprisonment up to three years or fines up to two lakh rupees, or both.
Section 67: This provision penalizes the publication or transmission of obscene material in electronic form. First-time offenders face imprisonment up to three years and fines up to five lakh rupees, with enhanced penalties for subsequent convictions.[4]
Bharatiya Nyaya Sanhita (BNS), 2023
The BNS, which replaced the IPC, offers updated provisions relevant to cyberbullying cases:
Section 356 (Defamation): Any person who, with intent to harm another’s reputation, makes or publishes imputation through words, gestures, or visible representations commits defamation (subject to specified exceptions). Punishment includes simple imprisonment up to two years, a fine, or both, or community service may be ordered.[5]
Section 351 (Criminal Intimidation): This section addresses threatening conduct intended to cause alarm or coerce someone into action against their will. For general threats, punishment includes imprisonment up to two years, a fine, or both. For serious threats (death or grievous hurt), penalties extend to seven years imprisonment, a fine, or both.[6]
Protection of Children from Sexual Offences (POCSO) Act, 2012
The POCSO Act specifically addresses minors involved in online sexual harassment, providing additional legal safeguards for children subjected to cyberbullying with sexual content.[7]
IV. Legal Remedies and Reporting Mechanisms
Victims of cyberbullying in India have access to various reporting mechanisms and legal remedies. The primary step involves reporting incidents to law enforcement agencies, specifically the Cyber Crime Cells established in major cities. Additionally, the National Cyber Crime Reporting Portal, an initiative by the Ministry of Home Affairs, provides an online platform for lodging complaints related to cybercrimes, including cyberbullying.[8]
Although India lacks dedicated cyberbullying legislation, existing provisions under the IT Act and BNS impose penalties for actions constituting cyberbullying in various contexts. The fragmented nature of these provisions, however, often creates challenges in effective prosecution and victim protection.
V. Landmark Cases
Several cases in India have highlighted the severity and consequences of cyberbullying, contributing to legal discourse and policy development:
Ritu Kohli’s Case (First Cyberstalking Case in India)
This landmark case involved Ritu Kohli, who was cyberstalked by Manish Kathuria. He used her name and personal information on a website, resulting in her receiving obscene messages and calls. Although an FIR was filed under Section 509 of the IPC, 1860, the inadequacy of existing provisions in addressing her situation prompted the Indian government to amend cybercrime laws.[9]
State v. Animesh Boxi
In this case, software engineer Animesh Boxi, after a three-year relationship with the victim, demanded intimate photographs. He subsequently hacked her phone, stalked her digitally, and blackmailed her using the images. The victim’s brother discovered her photos and videos on pornographic websites. Boxi was charged under multiple provisions of the IPC and sentenced under Sections 63, 66, and 67A of the IT Act, 2000, receiving five years imprisonment and a fine of ₹9,000.[10]
Kalandi Charan Lenka v. State of Odisha
This case centered on a college student who received obscene messages from an unknown number, aimed at damaging her reputation. Her father also received defamatory messages. Derogatory pamphlets were posted in her hostel, forcing her to change both her residence and university. Despite these measures, the perpetrator continued harassment. A fake Facebook account was created using her name and a fabricated photograph, falsely suggesting she had physical relationships with multiple men. This case exemplifies how social media can be weaponized to destroy someone’s character and reputation, particularly highlighting gendered online violence. It underscores the need for vigilant legal frameworks to address these evolving forms of abuse.[11]
Shreya Singhal v. Union of India (2015)
The Supreme Court addressed whether the state could impose restrictions on online speech under vague and overbroad laws. Section 66A of the IT Act, 2000, which criminalized sending “offensive” or “menacing” messages through electronic devices, had been widely misused, leading to arrests over innocuous expressions. The Court struck down Section 66A as unconstitutional under Articles 19(1)(a) and 21 of the Indian Constitution, which protect freedom of speech and personal liberty. This watershed judgment emphasized the importance of safeguarding freedom of expression in the digital realm while acknowledging the significant potential for censorship.[12]
VI. Gaps in Current Legislation
Despite existing legal provisions, several critical gaps remain in India’s approach to cyberbullying:
1. Absence of Dedicated Legislation: India lacks a comprehensive law specifically addressing cyberbullying, forcing reliance on fragmented provisions across multiple statutes.
2. Inadequate Protection for Vulnerable Groups: Current laws do not sufficiently address the unique vulnerabilities of minors, women, and marginalized communities in online spaces.
3. Procedural Challenges: Victims face significant barriers in reporting incidents, including lack of awareness, social stigma, and complex legal procedures.
4. Limited Enforcement Capacity: Law enforcement agencies often lack technical expertise and resources to effectively investigate and prosecute cyberbullying cases.
5. Platform Accountability: Social media platforms and internet intermediaries face minimal legal obligations regarding content moderation and user protection.
VII. Conclusion and Recommendations
Cyberbullying in India presents a complex and rapidly evolving challenge that demands a nuanced and adaptive legal response. It poses a serious threat to mental health, human dignity, and constitutional rights. The current Indian legal system provides fragmented remedies that frequently fail to address the psychological, emotional, and social dimensions of cyber abuse.
As a democracy committed to freedom and dignity, India must rise to this challenge by enacting comprehensive, victim-centric, and preventive legislation specifically addressing cyberbullying. As technology advances, legal practitioners and policymakers must remain vigilant and proactive in revising the legal regime to address emerging digital threats.
Recommended Reforms:
1. Enact Dedicated Cyberbullying Legislation: Create a comprehensive law defining cyberbullying, establishing clear penalties, and providing victim support mechanisms.
2. Strengthen Platform Accountability: Mandate social media companies to implement robust content moderation policies, expedited complaint redressal systems, and user protection measures.
3. Enhance Institutional Capacity: Invest in training law enforcement, judiciary, and prosecutors in digital forensics and cybercrime investigation.
4. Promote Digital Literacy: Implement educational programs in schools and communities to raise awareness about cyberbullying prevention, online safety, and available legal remedies.
5. Establish Victim Support Systems: Create counseling services, legal aid programs, and rehabilitation mechanisms specifically designed for cyberbullying victims.
Building a safe and respectful online environment requires not only robust legal frameworks but also active community engagement, open communication, and widespread awareness of cyberbullying’s causes, effects, and prevention strategies. Only through a multi-stakeholder approach can India effectively combat this digital-age menace.
References
[1] Data on internet users in India as of 2024.
[2] “Cyberbullying and Legal Remedies in the Indian Context,” Jotwani Associates (Dec. 8, 2023), available at https://jotwani.com/cyberbullying-and-legal-remedies-in-the-indian-context-a-comprehensive-case-study-by-aditi-sharma/.
[3] Shreya Singhal v. Union of India, (2015) 5 SCC 1 (India).
[4] Information Technology Act, No. 21 of 2000, §§ 66C, 66E, 67, INDIA CODE (2000).
[5] Bharatiya Nyaya Sanhita, No. 45 of 2023, § 356, INDIA CODE (2023).
[6] Bharatiya Nyaya Sanhita, No. 45 of 2023, § 351, INDIA CODE (2023).
[7] Protection of Children from Sexual Offences Act, No. 32 of 2012, INDIA CODE (2012).
[8] National Cyber Crime Reporting Portal, Ministry of Home Affairs, Government of India, available at https://cybercrime.gov.in.
[9] Vanshika Kapoor, “What You Need to Know about Cyberbullying and Its Legal Remedies,” iPleaders (July 2, 2024), available at https://blog.ipleaders.in/what-you-need-to-know-about-cyberbullying-and-its-legal-remedies/.
[10] Id.
[11] “Cyberbullying: Legal Remedies and the Need for Awareness,” The Legal Quorum (Jan. 21, 2025), available at https://thelegalquorum.com/cyberbullying-legal-remedies-and-the-need-for-awareness/.
[12] Aakriti Agrawal, “Shreya Singhal v. Union of India,” LawBhoomi (Apr. 10, 2025), available at https://lawbhoomi.com/shreya-singhal-v-union-of-india/.
