Cyberbullying laws

Cyber Bullying

Cyber bullying refers to bullying or harassment of any kind inflicted through electronic or communication devices such as computers, mobile phones, laptops, and usually involve text messages, phone calls, e-mails, instant messengers, social media platforms, or chat rooms. It ranges from the posting of hurtful words, derogatory comments, fake information on public forums or blogs to threats to rape or kill.

Laws against Cyber Bullying in India

The Indian Penal Code, 1860 (“IPC”), neither defines bullying nor punishes it as an offence. However, various provisions of the IPC and the Information Technology Act, 2000 (“IT Act”) can be used to fight cyber bullies.

There is no specific legislation that provides for the specific cyberbullying laws in India however provisions such as Section 67 of the Information Technology Act deals with cyberbullying in a way. Section 67 of the act prescribes punishment for publishing or transmitting obscene material in electronic form for a term which may extend to five years and also with fine which may extend to ten lakh rupees.

Other than Section 67 of the IT Act following are the provisions of the cyberbullying laws in India:

• Section 507 IPC - The section states that if anyone receives criminal intimidation by way of an anonymous communication then the person giving threats shall be punished with imprisonment for up to two years. By virtue of word anonymous the offense of anti-bullying and cyberbullying is included in this section.

• Section 66 E of IT Act - The section prescribes punishment for violation of privacy. The section states that any person who intentionally violates the privacy by transmitting, capturing or publishing private pictures of others shall be punished with up to three years imprisonment or fine up to three lakhs.

Cyber stalking of women

The Press release on ‘Digital Exploitation of Children', by the Ministry of Women and Child Development states that the sections 354A and 354D of the IPC provides punishment for cyber bullying and cyber stalking against women.

Cyber-stalking of women was recognized as an offence, subsequent to the insertion of section 354D in the IPC through the Criminal Law (Amendment) Act, 2013. The language of Section 354D of IPC makes it clear that the section penalises both the offence of offline and online stalking, without discriminating on the basis of presence or absence of the ‘cyber' component.

Cyber stalking of men

At present, if a man is a victim of cyber stalking, Section 354D will not apply. However, it is possible that other provisions of the IPC or the IT Act may apply.

Bullying using fake social-media account of the victim

When the creation of a fake Facebook profile is accompanied by the uploading of vulgar or obscene photos of the victim on to such profile, Section 354A (Sexual harassment and punishment for sexual harassment), Section 354D (Stalking), Section 499 read with Section 500 (Defamation and Punishment for defamation), Section 507 (Criminal intimidation by an anonymous communication) and Section 509 (Word, gesture or act intended to insult the modesty of a woman) of IPC may apply.

Cyberbullying of minors

Juvenile Justice Board conducts an inquiry and deal with the incident as per the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000.

-Rimjhim Gautam

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