Published on: 05th January 2025
Authored by: Adv. Brijesh Soni
Jawaharlal Nehru Smriti Government Post Graduate College, Shujalpur (M.P)
Abstract
We live in the digital age, where social media and online communications are just as much a part of life as walking your dog. More and people are using new platform daily: while it does provide a wonderful chance for connections with friends, family members one may have lost touch with long ago; it also offers opportunities to express one’s creativity through blogging or videos. These platforms not only provide a stage for artists or photographers, but they have spawned a grave problem–cyberbullying. With continual exposure, individual victims suffer emotional and psychological scarring; sometimes even physical damage is done that far surpasses what any would have dreamt their tormentor could call right up onto the desktop screen of a computer. As growing Internet access in India’s north and east sees this country shift increasingly online, abuse cases joined to online trolling have never been so frequent since the phrase originated.
The Internet’s permeation of every aspect of people’s daily lives has not only made it easier to travel across regions and countries around the world, but also made vast amounts of data instantly available to a large segment of society. But with its growing influence, unexpected evils have also emerged in the form of cybercrimes. Examples include cyber eavesdropping, threats, spoofing, credit card scams, phishing (that is, obtaining small details like phone numbers, credit card numbers, and SMS from grammatical or text errors in emails and using them for commercial gain), and many more.
This article deals with the concept of cyberbullying, its forms, and how victims are touched it also looks at the present legal framework in India, with reference to rules under the Information Technology Act of 2000 or which address online harassment and/or provocation — and further covers the implications of Bhartiya Nyaya Sanhita.
Introduction
With the evolution of digital, technology and social media at an unprecedented pace, there is no wonder that people now communicate differently, have a new way to express themselves and form relationships. But with this development of technology comes new types of harm, perhaps none more worrying than cyberbullying. Cruel and offensive text messages, emails, or social media posts are a cowardly way for people to harass, threaten or humiliate someone without revealing their identity – while also knowing that the victim can have no reprieve. The emotional and psychological harm of these types of acts can be considerable, particularly amongst young people who are active online.
In India, where more than half a billion people are now online, the surge in cyberbullying cases highlights both the promise and potential perils of digital connectivity. The digital is full of culprits too – space has ceased to be a social concern, now it’s spread across social media platforms and messaging apps, gaming communities, where people meet to harass each other, body shame them online. What makes cyberbullying so dangerous is its permanence and ubiquity — once something has been published, it can travel at the touch of a button, and stay there forever.
Indian Legal System has enacted various laws (like the Information Technology Act, 2000 and the certain provisions of the Bhartiya Nyaya Sanhita [BNS]) in line to counteract online abuse but with cybercrimes being so multidimensional, it is difficult for offenders as they can have multiple identities alongside a threat of potential anonymity. In addition, lots of survivors do not report such crimes from fear of stigma or ignorance about their rights.
What is cyberbullying?
Cyberbullying is a form of bullying that takes place using digital forms of contact. It can happen on social media, messaging apps, gaming platforms and mobile phones. Its repeated behavior, intended to make those who are targeted frightened or angry, shamed or humiliated. Examples include:
● Online harassment: Sending multiple messages that are meant to intimidate or humiliate.
● Impersonation: Opening an account with a fake name to intentionally damage someone’s reputation.
● Defamation: Sharing inaccurate or malicious information about someone.
● Doxing: Sharing personal information on the internet against their will.
● Morphed images or revenge posting sharing faked or intimate images with the aim of shaming a person into sexual favors.
The psychological effects of cyberbullying can be severe, including anxiety, depression, loss of self-esteem, and in some tragic cases, even suicidal tendencies.
Legal remedies
Information Technology Act 2000
Section 66C talks about.-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 talks about cheating by impersonation through electronic content. It says that those who fraud someone by claiming to be another person using a computer resource or a communication device can face three years in jail and a fine of ₹1 lakh.
Section 67: Posting of obscene material online -This provision deals with sharing of obscene or sexually explicit content through electronic means. It also adds that any person who posts or shares anything obscene online, which is liable to deprave or corrupt individuals, can be penalized.
● First Offence: Imprisonment up to 3 years and fine up to ₹5 lakh
● Jail for up to 5 years and a fine of up to ₹10 lakh upon subsequent conviction.
According to 67a under this section sharing or publishing the content in electronic form whether on the internet or any devices exhibiting sexually explicit acts or conduct will attract punishment.
● First offence: Imprisonment up to 5 years and fine up to ₹10 lakh.
● Repeat offence: Jail of up to 7 years and fine of up to ₹10 lakh.
Bharatiya Nyaya Sanhita, 2023
Section 78 of BNS 2023 includes as an offence that repeatedly following, contacting or monitoring a woman online constitutes a criminal offence for stalking if woman does not show any interest. Exceptions are in the event such removal is required for legitimate purposes or law enforcement obligations.
● A first conviction may result in punishment by imprisonment for up to 3 years and a fine, and repeat offenders can be punished with imprisonment for 5 years and a fine.
Section 79 of the BNS on intend to insult the modesty of women. It says that anyone who attempts to insult the modesty of a woman by uttering any sound, or making any gesture, or exhibiting any object with the intention she will be offended and see or hear it is punished.
● The punishment is simple imprisonment up to three years and fine.
Section 351 of the BNS 2023 Criminal Intimidation Act intended to cause fear, if someone threatens you with words or actions to hurt you or someone you know and scare you into doing something against your will that is called criminal intimidation.
● The penalty is jail of not more than two years, or a fine, or both.
Section 356 deals with defamation and states that any person is said to defame another who says or writes words, or his express by means of picture intended to harm or knowing it to be likely that he will thereby harm reputation of such person.
POCSO Act 2012
The Protection of Children from Sexual Offences Act 2012 provides strong legal provisions against child sex abuse online. In child sensitive cases POCSO with IT Act may be harmoniously interpreted to provide complete protection.
Sections 13 to 15 of the POCSO Act deal with the use and possession of child pornography.
Section 13 criminalizes the use of children in any form of media for sexual gratification, including depictions of sexual organs, engaging in real or simulated sexual acts, or any obscene depiction.
Section 14 provides for a minimum sentence of five years’ imprisonment and a fine for the first offense, and a minimum sentence of seven years for subsequent offenses. If the act relates to an actual sexual offense under sections 3, 5, 7, or 9, additional penalties under sections 4, 6, 8, or 10 will apply.
Section 15 provides penalties for storing or possessing child pornography:
● Failure to report or remove it is punishable with a fine.
● Possession for distribution is punishable with imprisonment of up to three years or a fine, or both;
● Possession for commercial purposes is punishable with imprisonment of 3-5 years for the first offence and imprisonment of 5-7 years for subsequent offences and a fine.
Relevant case law
Patanjali Ayurved Limited & Anr. Vs Google Llc. & Ors. On 26 February, 2019
Harassment and cyberbullying it is not OK to publish videos and comments in YouTube that include bullying. If harassment progresses to threats or personal attacks it will be reported and could be removed.
Shreya Singhal vs U.O.I on 24 March, 2015
Information which infringes right of privacy of the others and includes acts of cyber bullying, harassment or stalking.
Hareesh v. State of Kerala
The applicant created a fake Facebook profile and posted the morphed obscene pictures of the victim online and also posted her mobile number so that unknown persons contact her and sexually exploit her. Thereafter, an anticipatory bail application was made by the applicant apprehending arrest in respect of offences punishable under Section 354(D) of IPC and Sections 67 and 67E of the IT Act.
How to defend yourself against cybercriminals
Since cybercrime is so rampant, you might be wondering how to prevent it in the first place? Here’s some smart advice to protect your computer and personal data from cybercrime:
● Don’t forget to keep software and the OS updated.
● Install and update anti-virus software
● Use strong passwords
● Don’t ever click on attachments in spam emails
● Avoid clicking on links from spam or untrusted websites
● Do not provide personal information unless it is safe
● Verify that the request is legitimate by contacting companies directly
● Be careful with the site URLs you visit
● Monitor your bank statements
Advice for victims: What to do
If you find yourself the victim of cyberbullying or online harassment, you may legally protect yourself as follows:
Preserve Evidence –
Victims should take care to preserve any digital evidence as it will likely be important in the investigation, and trial. This means that any screenshots, email headers, chat logs, URLs and any other such evidence or documentation is allowed.
Report the Content –
The vast majority of social media platforms and websites offer built-in mechanisms for reporting abusive, harassing or otherwise objectionable content. Victims should use these reporting mechanisms right away to report the offensive material, as doing so might get it removed and also help in capturing evidence of the abuse for potential law enforcement purposes.
File a Complaint –
Victims of cyberbullying or online abusers should act fast and invoke the rule of law by reporting to the authorities. There are several ways to file a complaint:
● Cyber Crime Cell: There are several states and cities that have their own Cyber Crime Cells, which deal with internet crimes. You can find your state-level cybercrime portal as well as the contact details of nodal officers and grievance redress officers from the official websites.
● National Cyber Crime Reporting Portal: Online complaints regarding cyber-crimes and bullying can be lodged at www.cybercrime.gov.in the official website of Ministry of Home Affairs. It also permits the complaints of crimes against women and children to be lodged anonymously.
● Local Police Station: Victims can go to their nearby police station to lodge a complaint.
Seek Legal Assistance –
For instances of ongoing harassment, threats, it is a good option to seek the advice of legal counsel. An attorney can help a victim with the appropriate legal actions, assist him or her in making reports. Early legal action may be key in stopping additional abuse and protecting the rights of the victim.
Conclusion
Cyberbullying is a very serious issue we face today in our digital world. It’s not only a matter of human dignity, but the safety and trust we should all be able to have for online spaces. India has made significant legal inroads to tackle this problem, however, gaps still there between implementation and awareness.
The answer lies in stronger laws, faster justice and compassionate social action. Everyone has a part to play — by using technology responsibly, standing up for victims and spreading kindness online. The internet must be a place where creativity and connection are nurtured, not cruelty or fear.
