Cyberbullying and Legal Remedies in India: A Critical Analysis

Introduction

The digital era’s meteoric rise has caused a rapid transformation of social and cultural fabric of India, bringing new opportunities and challenges. Among the most serious of these challenges is cyberbullying which refers to the use of electronic communication to harass, threaten, or humiliate individuals. Unlike traditional bullying, cyberbullying is persistent, borderless, and often anonymous, intensifying its psychological harm and complicating legal redress. This article critically examines the nature of cyberbullying in India, evaluates the legislative framework, and analyzes the efficacy and limitations of current legal remedies.

Defining Cyberbullying

Cyberbullying involves the use of digital channels like social media, messaging apps, emails, and websites with the intention of causing distress or harm.

Common forms of cyberbullying  include:

• Sending abusive or threatening messages
• Doxxing (publishing private information without consent)
• Cyberstalking and impersonation
• Posting defamatory content or intimate images
• Trolling, flaming, and public shaming

The anonymity provided by the internet emboldens perpetrators, making identification and prosecution challenging. Victims suffer a range of consequences, from emotional trauma and mental health breakdown to reputational damage and, in severe cases, self-harm or suicide.

Statistical Overview and Societal Impact

India records one of the world’s highest incidents of cyberbullying, especially among children and adolescents. A McAfee Corp survey found 85% of Indian children had been victims, with about half admitting to cyberbullying others, far surpassing global averages. According to the National Crime Records Bureau (NCRB), cybercrime cases rose by over 75% between 2018 and 2020, a substantial fraction involving cyberstalking, blackmail, defamation, and fake profiles. The mental health impact is pronounced, with victims reporting anxiety, depression, and social withdrawal—often concealed from caregivers.

Legislative Framework: Information Technology Act & Indian Penal Code

Statutory Provisions

India does not have a standalone “Cyberbullying Law,” but multiple provisions under the Information Technology (IT) Act, 2000, and the Bharatiya Nyaya Sanhita (BNS), 2023 are invoked in cyberbullying cases.

IT Act, 2000:

• Section 66C – Identity Theft: Unauthorized use of digital identity. imprisonment up to 3 years and/or ₹1 lakh fine.
• Section 66D – Cheating by Personation: Fake profiles or online impersonation; up to 3 years jail, ₹1 lakh fine.
• Section 66E – Violation of Privacy: Sharing private images,videos without consent; imprisonment up to 3 years or ₹2 lakh fine.
• Section 67 – Publishing Obscene Material: Online publication of obscene content; up to 3 years jail and ₹5 lakh fine for first offense, 5 years and ₹10 lakh for subsequent.
• Section 67A/67B: Addresses sexually explicit material and child pornography; up to 7 years imprisonment and fines for repeat offenses.

 Bharatiya Nyaya Sanhita (BNS), 2023 Provisions:

• Section 76 (Voyeurism), Section 77 (Stalking): Protection against non-consensual image sharing, cyberstalking; jail terms up to 7 years.
• Section 356, 357: Online defamation; up to 2 years jail.
• Section 349: Criminal intimidation via anonymous communication; up to 2 years jail.
• Section 356: Insulting the modesty of women; up to 3 years jail and fine.

Judicial Developments

The Supreme Court’s landmark judgment in Shreya Singhal v Union of India (2015) struck down Section 66A of the IT Act for vagueness and its chilling effect on free speech, affirming constitutional protection under Article 19(1)(a). Nevertheless, the need for more targeted legislation addressing contemporary cyberharassment remains.

Notable Case Law

Ritu Kohli’s Case (First Cyberstalking Prosecution)
Ritu Kohli was harassed via fake online profiles and obscene communications. The case triggered amendments strengthening Section 509 IPC.

State of West Bengal v. Animesh Boxi (2018)
Animesh Boxi was convicted for hacking and disseminating intimate images of his ex-girlfriend. The matter was prosecuted under Section 354D IPC and the IT Act provisions, setting precedent for treating virtual sexual offences with severity.

Prajwala v. Facebook and Ors. (2016)
The Delhi High Court held social media platforms accountable for failing to block and report child sexual abuse material, mandating robust content review and takedown mechanisms.

The #MeToo Movement Cases
Numerous complaints revealed how online harassment and bullying intersect with gender-based violence. Social media platforms and law enforcement were pressured to respond more systematically.

Procedural Remedies for Victims

Victims may utilize the following steps:

1. Evidence Collection: Screenshots, URLs, and timestamps of abusive content.
2. Report to Authorities: Filing complaints through the government cybercrime portal (https://cybercrime.gov.in), local police, or cybercells; FIR required for cognizable offences.
3. Platform Redressal: Report abuse to social media providers (Facebook, Instagram, X) to block offenders and remove offending content.
4. NGO/Helpline Support: MWCD, Cyber Dost, CHILDLINE (1098) assist in crisis and legal support, especially for minors and women.

Critical Evaluation: Strengths and Shortcomings

Legal Coverage

The IT Act and IPC together address multiple facets of cyberbullying, from impersonation to obscenity, stalking, and criminal intimidation. Notably, provisions target gendered cyberharassment (voyeurism, insulting modesty), protecting vulnerable populations.

Implementation Issues

• No Standalone Law: Lack of a dedicated cyberbullying statute results in fragmented enforcement.
• Awareness & Reporting Gaps: Many victims, especially minors, conceal bullying; public understanding of legal remedies is limited.
• Digital Literacy: Absence of online safety education aggravates vulnerabilities, especially in schools.
• Procedural Hurdles: Slow investigation, cross-jurisdictional challenges (when bullies are abroad or anonymous), and procedural complexity deter grievants.
• Intermediary Protection: Platform-specific grievance redress is inconsistent, and content takedown policies remain ineffectual in urgent or severe cases.

Emerging Needs and Recommendations

1. Legislative Reform: Enact a comprehensive Cyberbullying Prevention Law, with clear definitions, procedural safeguards, and proportionate penalties.
2. Fast-Track Courts: Specialized courts for online harassment cases to expedite resolution.
3. Mandatory Online Safety Training: Integrate digital citizenship, privacy, and safety in school curriculum.
4. Stricter Intermediary Guidelines: Mandate transparent, timely redress procedures and reporting requirements for social media operators.

Conclusion

Cyberbullying presents multifaceted challenges that threaten the dignity, safety, and wellbeing of individuals in India. While legal remedies exist under the IT Act, BNS, and supportive mechanisms, implementation gaps remain. The urgency for legislative innovation, stronger enforcement, and public education is necessary. A cohesive effort across government, civil society, and platforms can better safeguard digital citizens and ensure a safer online ecosystem.

References

1. Vibha Swami, ‘What you need to know about cyberbullying and its legal remedies’ (2024) https://blog.ipleaders.in/what-you-need-to-know-about-cyberbullying-and-its-legal-remedies/ accessed 10 Nov 2025.
2. M Vijayarani, ‘A Narrative Review of Cyberbullying Among Indian Adolescents’ (2024) https://pmc.ncbi.nlm.nih.gov/pmc/articles/PMCXXXXX/ accessed 10 Nov 2025.
3. ‘A CRITICAL ANALYSIS OF CYBER BULLYING IN INDIA’ (2025) https://yourlawarticle.com/a-critical-analysis-of-cyberbullying-in-india accessed 10 Nov 2025.
4. ‘Cyber Bullying: Laws of Cyber Safety Of Women In India’ (2023) Pink Legal https://pinklegal.in/cyber-bullying-laws-india/ accessed 10 Nov 2025.
5. ‘What Is the Punishment for Cyberbullying in India?’ (2025) Legalkart https://www.legalkart.com/legal-blog/what-is-the-punishment-for-cyberbullying-in-india- accessed 10 Nov 2025.
6. Shreya Singhal v Union of India AIR 2015 SC 1523 (Supreme Court of India).
7. ‘How to File a Cyberbullying Case in India’ (2025) DigiLawyer https://digilawyer.ai/how-to-file-a-cyberbullying-case-in-india/ accessed 10 Nov 2025.
8. State of West Bengal v Animesh Boxi (2018) Calcutta High Court.
9. Prajwala v Facebook and Ors. (2016) Delhi High Court.
10. Ministry of Home Affairs, ‘Cyber Dost: India’s Cyber Safety Initiative’ https://twitter.com/cyberdost accessed 10 Nov 2025.
11. ‘Cyberbullying Legislation in India: Effectiveness and International Comparison’ (2024) SSRN https://papers.ssrn.com/sol3/papers.cfm?abstract_id=XXXXX accessed 10 Nov 2025.
12. ‘Preventing bullying and cyberbullying’ National Commission for Protection of Child Rights (NCPCR) https://ncpcr.gov.in/preventing-bullying-and-cyberbullying accessed 10 Nov 2025.