Introduction:

“Men fear most what they cannot see.”

Cyber stalking” is defined as a crime where the stalkers use internet or any other electronic
device to stalk someone. Online harassment and online abuse are synonymously used for cyber
stalking. It involves a conduct of harassing or threatening repeatedly to an individual. Stalking
can be done in the following ways such as: to follow a person till his home or where he does his
business, to cause destruction to a person’s property, leaving written messages or objects, or
making harassing phone calls. Our society has come to rely on the sheer size, technological
power, and lightening fast speed of the Internet to seek out immeasurable pages of information,
explore the unknown, and communicate with virtually anyone, anywhere, and at any time across
the globe. Conversely, the Internet has opened windows of previously unknown criminal
opportunities that not only challenge, but also transcend all physical boundaries, borders ,and
limitations to detect, punish, and diminish what appears to be a mounting problem of global
proportion. As such, the Internet has literally become a fertile breeding ground for an entirely
new and unique type of criminal offender hereafter known as the cyber stalker – an offender who
uses the Internet as a tool or weapon of sorts to prey upon, harass, threaten, and generate
immense fear and trepidation in its victims through sophisticated stalking tactics.

Reasons for the occurrence of Cyber stalking:

There are various psychological reasons behind stalking like severe narcissism, hatred, rage,
retribution, envy, obsession, psychiatric dysfunction, power and control, sadomasochistic
fantasies, sexual deviance, internet addiction or religious fanaticism. Some of them are discussed
below:

 Jealousy: Jealousy can be a strong motive behind stalking especially when it is towards ex-
partners and their current partners.

 Obsession and attraction: Another motive behind stalking could be obsession and attraction.
The stalker could be attracted to victim sexually or mentally. There’s a fine line between
admiration and stalking.

 Erotomania: It is a kind of belief in which the stalker assumes that the victim, usually a
stranger or famous person, is in love with him. It always involves sexual inclination towards
someone.

 Sexual harassment: It is said to be the main motive behind cyber stalking. This is so because
the internet reflects the real life.  Revenge and hate: Sometimes the victim is not reason for the
feeling of hatred and revenge in the mind of the stalker yet he/he becomes the target of the
stalker. Internet appears to be the most convenient platform for the stalker to express his feeling
of hatred and revenge.

Legislative framework and its shortcomings:

In this section, the author shall focus on the legislative provisions as are mentioned in the Indian
laws more specifically with respect to Information Technology Act, 2000 and Indian Penal Code,
1860. There shall be explanation as to how these provisions are related to cyberstalking and
under what all sections can the perpetrator be booked. In India, the laws are gender biased as the
law-makers considered women as the weaker section of the society hence; every statute revolves
around protecting women. There are no direct provisions that deal with the issue of cyber
stalking. However, the author has tried to explain few sections of Information Technology Act
and Indian Penal Code that have some link with this offence and the explanation has been given
regarding the relation between the provisions and the crime.

Firstly, Section 354D of IPC defines “stalking”. It reads as follows:

“(1) Any man who— i.e. follows a woman and contacts, or attempts to contact such woman to
foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or
monitors the use by a woman of the internet, email or any other form of electronic
communication commits the offence of stalking;..”9 The section was added by Criminal
Amendment Act 2013 post Delhi gang-rape case. This section takes into account both, the
physical stalking and cyber stalking. The section defines its scope in terms of activities that
forms the offence of “stalking.” The section clearly mentions that if anyone tries to monitor the
activities of a woman on internet, it will amount to stalking. Thus, if the stalker indulges in any
of the activities defined in the section, he shall be guilty of the offence under Section 354D of
Indian Penal Code.

Secondly, Section 292 of IPC defines “obscenity”. The offence of cyber stalking takes within its
purview the act of sending obscene materials to the victim on a social networking site or through
emails or messages etc. Where the stalker attempts to deprave the other person by sending any
obscene material on internet with the intention that the other person would read, see or hear the
content of such material then he shall be guilty of the offense under Section 292 of Indian Penal
Code.
Thirdly, Section 507 of IPC relates to “criminal intimidation by anonymous communication.”
This section states that where the stalker tries to hide his identity so that the victim remains
unaware of the source from where the threat comes, it amounts to an offence. Thus, it ensures the
very characteristic of cyberstalking i.e., anonymous identity. The stalker shall be guilty under
this section if he attempts to conceal his/her identity.

Constitutional framework and enforcement problem:

The main issue of territorial jurisdiction has not been effectively addressed in Information
Technology Act, 2000 or Information Technology Amendment Act, 2008. The various sections
in which the matter of jurisdiction has been mentioned are Sections 46, 48, 57 and 61 where
adjudication process and the appellate procedure is mentioned. Another section is section 80 that
explains the power of the police officers to enter and conduct search of a public place in relation
of a cyber-crime etc. The cyber-crimes are the crimes that are committed with the help of
computers and if someone hacks the mail account of a person sitting in another state or country,
it will be difficult to determine P.S. of which shall take the cognizance of the offence. Many
Police officers try to avoid admitting complaints of the victim in such cases due to the problem
of Jurisdiction.