Published on: 23rd December 2025
Authored by: Pushpa
Bharat College Of Law
Abstract
In today’s world, technology and the internet form an integral part of our daily lives. We use them for studying, working, shopping, and communicating. However, while we enjoy the benefits of technology, we also face significant risks. The trust we place in online interactions can prove dangerous when misused by malicious actors who commit cybercrimes. This article focuses specifically on cyberbullying—a pervasive form of digital harassment that has become a critical concern in the modern era.[1]
Cybercrime encompasses any criminal activity conducted using computers, mobile phones, or the internet. It manifests in various forms including hacking, online fraud, dissemination of false information, and cyberbullying. While information technology offers numerous benefits, its misuse has created serious problems across nations. Cybercrimes cause not only financial losses but also inflict severe psychological harm on victims.
Introduction
Cyberbullying constitutes a form of harassment or bullying perpetrated through digital devices such as computers, smartphones, and tablets. It involves using electronic communication to threaten, embarrass, intimidate, or target another person, typically through repeated and intentional actions.
Common Examples of Cyberbullying Include:
– Sending threatening or abusive messages
– Spreading lies or rumors online
– Sharing embarrassing photos or videos without consent
– Creating fake profiles to harass someone
– Intentionally excluding someone from online groups
Cyberbullying particularly affects teenagers because it often occurs covertly. Unlike traditional bullying, where victims can seek immediate help from teachers or parents and find temporary refuge, cyberbullying follows victims everywhere—even into their homes. Many adolescents fall victim to cyberbullying due to insufficient knowledge about online safety and self-protection measures.
Defining Cyberbullying: Legal and Academic Perspectives
The term “cyberbullying” was first coined by Bill Belsey, a Canadian educator. Cyberbullying refers to the use of internet technology to bully or harass individuals, causing significant emotional and mental harm to targeted persons.
Under the Information Technology Act, 2000, cyberbullying is classified as a cybercrime.[2] It involves the misuse of digital tools such as mobile phones, computers, or the internet to damage someone’s feelings, reputation, or dignity.
The National Crime Prevention Council defines cyberbullying as the use of the internet, phones, or other devices to send or post messages or images intended to hurt or shame another person.
According to UNICEF, cyberbullying refers to “bullying with the use of digital technologies. It can take place on social media, messaging platforms, gaming platforms and mobile phones. It is repeated behaviour, aimed at scaring, angering or shaming those who are targeted.”[3]
The University of Oxford defines online harassment as “the utilisation of information and communication technologies by an individual or a group to repeatedly inflict harm upon another person. This may encompass issuing threats, causing embarrassment, or inducing humiliation in a virtual environment.”
Understanding India’s Cyberbullying Legislation
Information Technology Act, 2000
Section 66C – Identity Theft: This provision addresses situations where someone fraudulently or dishonestly uses another person’s electronic signature, password, or unique identification. Violations carry penalties of up to three years imprisonment and fines reaching ₹1 lakh.[4]
Section 66D – Cheating by Impersonation: This section targets those who deceive others by impersonating another person through computers or communication devices. Offenders face imprisonment of up to three years and fines of up to ₹1 lakh.
Section 67 – Publishing Obscene Content: This provision addresses the sharing of obscene or sexually explicit content online that may corrupt or negatively influence recipients. First offense carries imprisonment up to three years and a fine of ₹5 lakh; repeat offenses increase penalties to five years imprisonment and ₹10 lakh fine.
Section 67A – Sexually Explicit Material: This section punishes those who share or publish content depicting sexually explicit acts or conduct. First offense penalties include imprisonment up to five years and a fine of ₹10 lakh; repeat offenses carry seven years imprisonment and ₹10 lakh fine.
Bharatiya Nyay Sanhita, 2023
Section 78 – Stalking: This provision explicitly criminalizes stalking, particularly when a man repeatedly follows, contacts, or monitors a woman online despite her clear disinterest. Exceptions apply only for legitimate legal reasons or law enforcement duties. First conviction carries punishment up to three years imprisonment plus fine; repeat offenses increase to five years plus fine.[5]
Section 79 – Insulting Modesty of Women: This section addresses acts intended to insult a woman’s modesty through offensive language, rude sounds or gestures, inappropriate displays, or privacy invasion. Punishment includes simple imprisonment up to three years along with a fine.
Section 351 – Criminal Intimidation: Criminal intimidation occurs when someone threatens another person—through words or actions—to harm their body, reputation, property, or loved ones, intending to cause fear or coerce actions. Even threats regarding deceased loved ones fall within this provision.
Additional Legal Frameworks:
– Protection of Children from Sexual Offences Act, 2012: Covers sexual harassment or abuse of children, including through electronic means[6]
– Indecent Representation of Women (Prohibition) Act, 1986: Punishes publishing obscene content depicting women[7]
– Juvenile Justice (Care and Protection) Act, 2015: Applies when minors are involved as perpetrators or victims[8]
– Indecent Representation of Women (Prohibition) Amendment Bill, 2012: Broadens the law’s scope to cover audio-visual media, electronic content, and internet distribution including web-based portrayals of women
Prevalence and Statistical Analysis of Cyberbullying
Two primary sources provide federally collected data on youth bullying in the United States:
The 2022 School Crime Supplement to the National Crime Victimization Survey (conducted by the National Center for Education Statistics and Bureau of Justice) indicates that nationwide, among students ages 12-18 in grades 6-12 who reported being bullied during school (19.2% of all students), approximately 21.6% reported experiencing cyberbullying online or by text. Notably, girls (27.7%) reported cyberbullying at nearly twice the rate of boys (14.1%).
The 2023 Youth Risk Behaviour Surveillance System (Centers for Disease Control and Prevention) indicates that an estimated 16% of high school students experienced electronic bullying in the 12 months preceding the survey.
Research conducted since 2002 involving over 35,000 elementary, middle, and high school students across sixteen studies throughout the United States reveals significant patterns. While initial online exploratory samples yielded higher-than-average numbers due to volunteer participation bias, thirteen subsequent random-sample studies provided more reliable data. Overall, approximately 30% of surveyed teens reported experiencing cyberbullying at some point in their lifetimes, with 13% reporting incidents within the 30 days preceding each survey. Similarly, about 15% of respondents admitted to perpetrating cyberbullying at some point (6% within the most recent 30 days).
A 2020 survey of 1,034 tweens (ages 9-12) across the United States found that approximately 15% had experienced cyberbullying at some point in their lifetimes, while about 3% admitted to cyberbullying others.[9]
Reporting Mechanisms for Cyberbullying in India
1. National Cyber Crime Reporting Portal: Victims can file complaints at the official portal (https://www.cybercrime.gov.in), which also enables anonymous reporting under the “Women/Child Related Crime” category.
2. Local Police Stations and Cyber Cells: Written complaints may be submitted along with supporting evidence such as screenshots or chat logs. Police authorities must register a First Information Report (FIR) under relevant provisions of the Bharatiya Nyay Sanhita or the Information Technology Act.
3. Magistrate Court (Private Complaint): If police refuse to act, complainants may file directly under Section 200 of the Code of Criminal Procedure, 1973.
4. Social Media Platform Reporting Mechanisms: Under the IT Rules, 2021, social media platforms bear obligations to remove objectionable content within 24-36 hours. Major platforms maintain dedicated reporting channels:
– Facebook: www.facebook.com/help
– Instagram: help.instagram.com
– YouTube: support.google.com/youtube
– X (formerly Twitter): help.twitter.com
Constitutional Foundations and Digital Rights
Protection against cyberbullying in India extends beyond statutory provisions—it constitutes a constitutional imperative rooted in fundamental rights. Article 21 of the Indian Constitution guarantees the right to life and personal liberty, which courts have interpreted expansively to include the right to dignity, privacy, and equality. These constitutional protections form the foundation for combating cyberbullying and ensuring safe digital spaces for all citizens.
Institutional Mechanisms: Cyberbullying Prevention in Educational Settings
Recognizing the prevalence of bullying in educational institutions, particularly boarding schools, the Human Resource Development Ministry has established anti-ragging committees to address this critical issue. These committees work to identify and punish students engaged in bullying activities and to rusticate those heavily involved in such behavior.
The University Grants Commission issues comprehensive anti-ragging regulations for universities and colleges. These regulations aim to reduce ragging rates in higher education institutions through proper enforcement mechanisms and accountability structures.
Landmark Judicial Precedents
Several landmark cases have shaped India’s evolving jurisprudence on cyberbullying and online harassment:
Shreya Singhal v. Union of India (2015): This watershed Supreme Court case struck down Section 66A of the Information Technology Act.[10] The judgment affirmed the fundamental importance of protecting free speech while acknowledging the necessity for nuanced legal approaches to cybercrimes. The Court recognized that overbroad restrictions on online expression could chill legitimate speech while failing to adequately address genuine harms.
Rajat Prasad v. CBI (2014): This case provided important guidance on issues related to online harassment and the evidentiary standards required for prosecution.
R v. Juggernaut Books Pvt Ltd (2018): This decision further clarified the boundaries between protected expression and actionable defamation in the digital context.
Rini Johar v. State of Madhya Pradesh (2019): This noteworthy case addressed cyberbullying within workplace harassment contexts. The court recognized the severity of online abuse and affirmed that existing legal provisions could be applied effectively to combat cyberbullying in employment settings, extending protection beyond traditional in-person harassment scenarios.
Challenges in Addressing Cyberbullying
Absence of Dedicated Legislation: India lacks a specific statute addressing cyberbullying comprehensively, creating confusion about applicable legal provisions and appropriate remedies.
Underreporting: Victims, particularly teenagers and women, often hesitate to report cyberbullying incidents due to fear of stigma, retaliation, or disbelief.
Cross-Jurisdictional Complexities: Offenders frequently operate from different states or countries, creating significant challenges for investigation and prosecution.
Limited Awareness and Capacity: Insufficient digital literacy among victims, law enforcement personnel, and even judicial officers hampers effective response to cyberbullying incidents.
Recommendations for Strengthening Legal Framework
1. Enact Cyberbullying-Specific Legislation: India requires clear statutory definitions and penalties specifically addressing all forms of online harassment and cyberbullying.
2. Mandatory Digital Literacy Education: Comprehensive digital literacy programs should be implemented in schools and colleges, educating students about online safety, responsible digital citizenship, and available remedies.
3. Specialized Police Cyber Units: Well-trained and adequately equipped cyber units should be established in every district to ensure prompt and effective response to cyberbullying complaints.
4. Victim Support Systems: Comprehensive psychological and legal assistance mechanisms must be established to support victims throughout investigation and prosecution processes.
5. Expedited Complaint Resolution: Specialized cybercrime courts should be established to ensure faster resolution of cases and reduce the burden on victims.
Conclusion
Cyberbullying has emerged as a persistent and evolving threat in the digital age, affecting millions of individuals—particularly vulnerable populations such as children, teenagers, and women. While India currently lacks dedicated cyberbullying legislation, victims are not without legal recourse. A robust combination of provisions under the Information Technology Act, 2000, and the Bharatiya Nyay Sanhita, 2023, offers sufficient legal grounds for protection and prosecution of offenders.
However, legal provisions alone cannot address this multifaceted problem. Stronger enforcement mechanisms, widespread awareness campaigns, comprehensive digital literacy education, and progressive policy reforms are essential to create genuinely safe cyberspace for all users. The constitutional imperatives of dignity, privacy, and equality demand that we take decisive action to combat cyberbullying and protect the fundamental rights of all citizens in both physical and digital spaces.
As technology continues to evolve and digital interaction becomes increasingly central to modern life, our legal frameworks and institutional responses must adapt accordingly. Only through a comprehensive, multi-stakeholder approach involving legislators, law enforcement, educators, technology companies, and civil society can we effectively address the scourge of cyberbullying and ensure that the digital age remains one of empowerment rather than victimization.
References
[1] Dr. Pavan Duggal, Cyber Law Expert and Advocate, Supreme Court of India.
[2] Information Technology Act, No. 21 of 2000, INDIA CODE (2000).
[3] UNICEF, Cyberbullying: What Is It and How to Stop It, https://www.unicef.org/end-violence/how-to-stop-cyberbullying.
[4] Information Technology Act, 2000, § 66C.
[5] Bharatiya Nyay Sanhita, 2023, § 78.
[6] Protection of Children from Sexual Offences Act, No. 32 of 2012, INDIA CODE (2012).
[7] Indecent Representation of Women (Prohibition) Act, No. 60 of 1986, INDIA CODE (1986).
[8] Juvenile Justice (Care and Protection) Act, No. 2 of 2015, INDIA CODE (2015).
[9] Cyberbullying Research Center, Summary of Cyberbullying Research from 2004-2021, https://cyberbullying.org/summary-of-our-cyberbullying-research.
[10] Shreya Singhal v. Union of India, (2015) 5 SCC 1 (India).
[11] National Center for Education Statistics and Bureau of Justice, 2022 School Crime Supplement to the National Crime Victimization Survey.
[12] Centers for Disease Control and Prevention, 2023 Youth Risk Behaviour Surveillance System.
[13] National Crime Records Bureau, Crime in India Report 2022, https://ncrb.gov.in/en/crime-india.
[14] McAfee India, 2020 Cyberbullying Report: Indian Teens and Online Safety, https://www.mcafee.com.
[15] Kaspersky, What Is Cybercrime?, https://www.kaspersky.com/resource-center/threats/what-is-cybercrime.
[16] Prime Legal, Cyberbullying and Its Legal Remedies (Nov. 5, 2023), https://primelegal.in/2023/11/05/cyberbullying-and-its-legal-remedies/.
