CYBERBULLYING AND LEGAL REMEDIES IN INDIA: A CRITICAL ANALYSIS

Published On: August 27th 2025

Authored By: Neha Agarwal

IILM UNIVERSITY GURUGRAM

Abstract

Cyberbullying^[1] is a growing problem in India, much like it is globally, due to our fast-paced digital growth. This paper looks closely at how India’s laws address this issue, focusing on the Information Technology Act of 2000 (IT Act), the Indian Penal Code of 1860 (IPC), and the newer Bhartiya Nyaya Sanhita (BNS) of 2023.

While India doesn’t have one single law specifically for cyberbullying, various parts of these existing laws are used to deal with online offenses. These include things like identity theft, impersonation, sharing private content without consent, online stalking, defamation, and criminal threats.

This article will explore what these legal solutions do well and where they fall short. This will also highlight ongoing challenges in putting these laws into practice, such as complicated legal jurisdictions, the difficulty of identifying anonymous bullies, problems with gathering evidence, and cases that simply don’t get reported. The paper also examines important court decisions that have influenced how these laws are understood and applied.

Ultimately, we argue that India needs a more thorough approach to legislation, stronger ways to enforce laws, and better teamwork among the government, social media companies, schools, parents, and community groups. This will help create a safer online space and effectively fight cyberbullying in India.

Introduction

The 21st century’s digital boom has profoundly changed how people interact, nowhere more so than in India, where internet use and social media have exploded. Yet, this digital leap has a dark side: cyberbullying^[2]. This serious issue, defined as using electronic means to intimidate or threaten someone, has rapidly become a major problem across India, often surpassing global rates in its reach and impact.

Cyberbullying takes many disturbing forms. These include spreading rumors, online impersonation, the traumatic sharing of private images without consent (known as doxing), cyberstalking, and endless hateful comments. The anonymity of online platforms often emboldens bullies, making it tough to identify and hold them accountable. Victims suffer severe and lasting consequences, like intense psychological distress, anxiety, depression, and, in tragic cases, even self-harm. Beyond individual pain, cyberbullying erodes trust online and seriously threatens the well-being of the digital generation, especially children and teenagers who are frequently targeted.

To counter this growing online threat, India has tried to use its existing legal framework. Unlike some countries with specific anti-cyberbullying laws, India has largely adapted and applied rules from broader laws covering cybercrimes and general offenses. This critical analysis will thoroughly examine these legal remedies, looking at their effectiveness, pointing out their weaknesses, and highlighting the significant practical challenges in enforcing them. By dissecting the complexities of current laws and the social environment, this paper aims to contribute to improving India’s response to cyberbullying and protecting its citizens in an increasingly connected, yet often risky, digital world.

The Multifaced Menace of Cyberbullying

Cyberbullying goes far beyond simple online disagreements. It’s a range of deliberate, aggressive, and repeated harmful actions carried out using electronic communication, designed to cause distress, harm, or humiliation. This behaviour takes many forms and constantly changes:

Online Harassment: Sending a continuous stream of offensive, abusive, or threatening messages, emails, or comments.
Doxing: Publicly exposing someone’s private or sensitive personal information without their permission, often with harmful intentions.
Cyberstalking: Constantly monitoring, surveilling, or trying to contact a person online against their will, which creates fear.
Impersonation and Fake Profiles: Setting up false online identities or pretending to be someone else to spread lies, defame, or harass.
Spreading Rumours and Gossip: Sharing false or harmful information about someone online to damage their reputation.
Sharing Obscene or Intimate Content: Publishing or sending sexually explicit or private photos/videos of a person without their consent.
Exclusion: Intentionally leaving someone out of online groups or activities to make them feel isolated.

The effects of cyberbullying are deep and lasting. Victims often experience severe psychological distress, including anxiety, depression, low self-esteem, social isolation, and even suicidal thoughts. It can also negatively impact their education and careers, harm their reputation, and destroy their sense of safety and privacy in the digital world.

The Indian Legal Landscape: A Patchwork Approach

India currently lacks a dedicated, standalone law specifically defining and addressing cyberbullying comprehensively. Instead, it relies on a combination of existing statutes, primarily the Information Technology Act, 2000 (IT Act), the Indian Penal Code, 1860 (IPC), and the recently enacted Bhartiya Nyaya Sanhita (BNS), 2023.

Information Technology Act, 2000 (IT Act)^[3]

The IT Act, as India’s primary legislation for cybercrimes, provides several provisions that can be invoked against various forms of cyberbullying:

Section 66C (Identity Theft): Punishes individuals who fraudulently or dishonestly use another person’s electronic signature, password, or any other unique identification feature. This is relevant in cases of online impersonation.
Section 66D (Cheating by Personation using Computer Resource): Addresses cheating by pretending to be another person through a computer or communication device.
Section 66E (Violation of Privacy): Criminalizes the capture, publishing, or transmission of images of a private area of any person without their consent, particularly relevant for non-consensual sharing of intimate images.
Section 67 (Publishing or Transmitting Obscene Material in Electronic Form): Punishes those who publish or transmit any material that is “lascivious or appeals to the prurient interest” or tends to “corrupt persons.”
Section 67A (Publishing or Transmitting Material Containing Sexually Explicit Act): Carries stricter penalties for publishing or transmitting sexually explicit content.
Section 67B (Child Pornography): Specifically addresses the use of children in obscene material and their sexual exploitation, offering crucial protection for minors.

It’s important to note that Section 66A, which previously penalized sending “grossly offensive” or “menacing” messages, was struck down by the Supreme Court in the landmark Shreya Singhal v. Union of India (2015) case, citing its vagueness and violation of freedom of speech. While this was a victory for free speech, it left a gap in directly addressing certain forms of online abuse.

Indian Penal Code, 1860 (IPC) and Bhartiya Nyaya Sanhita, 2023 (BNS)

The IPC, a general criminal code, offers provisions that can be applied to cyberbullying, and many of these have been retained and, in some cases, strengthened or clarified in the BNS.

IPC Section 354D / BNS Section 78 (Stalking): Both the IPC and BNS criminalize stalking, which explicitly includes monitoring a woman’s internet, email, or any other electronic communication. The BNS further clarifies that this applies even if the man persistently follows or contacts a woman despite her clear indication of disinterest.
IPC Section 500 / BNS Section 356 (Defamation): Online defamation, where false statements are made to harm a person’s reputation, can be prosecuted under these sections.
IPC Section 507 / BNS Section 351(4) (Criminal Intimidation by Anonymous Communication): Deals with threats made anonymously, which is common in cyberbullying scenarios.
IPC Section 509 / BNS Section 79 (Word, Gesture or Act Intended to Insult the Modesty of a Woman): Addresses acts intended to insult the modesty of a woman, which can extend to offensive online messages or content targeting women.
BNS Section 74: Specifically deals with outraging the modesty of a woman.

Protection of Children from Sexual Offences (POCSO) Act, 2012

If cyberbullying involves sexual harassment or exploitation of a child, the POCSO Act provides stringent provisions, including Sections 13, 14, and 15 related to child pornography and exploitation.

Challenges in Enforcement and the Way Forward

Despite existing legal provisions, effectively tackling cyberbullying in India faces numerous obstacles. A major issue is the lack of a clear, comprehensive legal definition for “cyberbullying” itself, making consistent prosecution difficult. The anonymity of perpetrators online often hinders identification and apprehension. Jurisdictional complexities arise when cyberbullying crosses state or national borders, complicating investigations. Gathering digital evidence like screenshots or messages in a legally admissible way also presents significant evidentiary hurdles.

Adding to these issues, many victims, especially young people, underreport incidents due to fear, shame, or simply not knowing how to report. Laws often lag behind the rapid pace of technological advancements, struggling to cover new forms of online harassment. Furthermore, law enforcement agencies frequently face a lack of specialized training and resources to handle complex cyberbullying cases. While the IT Rules, 2021, aim for platform accountability, their inconsistent enforcement and slow response times from social media companies remain a concern.

To effectively combat cyberbullying in India, a multi-faceted approach is essential:

Comprehensive Legislation: Enact a dedicated law clearly defining cyberbullying, outlining penalties, and establishing clear reporting mechanisms.
Enhanced Enforcement:
- Strengthen Cybercrime Cells with specialized training and resources.
- Make the National Cybercrime Reporting Portal more user-friendly.
- Boost international cooperation for cross-border cases.
Digital Literacy & Awareness:
- Integrate cyber safety education into school curricula.
- Launch public awareness campaigns for parents and the general public.
Platform Accountability: Hold social media platforms more responsible for monitoring and removing harmful content promptly.
Victim Support: Establish accessible counseling, legal aid, and support groups for victims.
Research & Data Collection: Regularly collect data to inform policy and intervention strategies.

Conclusion

Cyberbullying is a growing digital epidemic requiring a strong, collaborative response. While India’s current laws offer some recourse, their fragmented nature and enforcement challenges limit their effectiveness. The introduction of the BNS is a step forward, but a truly comprehensive and proactive strategy is vital. By combining dedicated legislation, stronger enforcement, widespread digital literacy, and a collaborative effort from government, online platforms, educational institutions, and civil society, India can work towards creating a safer and more inclusive digital environment for everyone.