CYBERSTALKING AND ONLINE HARASSMENT:

A NEW CHALLENGE FOR LAW ENFORCEMENT

Author- Tanu Rathi (C-42)
Co- Author- Sparsh Bhushan (C-40)

ABSTRACT

The Internet, with its broad property and lots of resources, provides a straightforward platform
for committing crimes. Cyber stalking is one such offence, that has mature within the last twenty
years with the appearance of low cost and quick net property, variety of net users, the crime of
stalking conjointly has been amplified within the cyber world and have become referred to as
‘cyberstalking’ or ‘e-stalking’ or ‘online stalking’. Incidentally, numerous package apps like
stalkware, spyware etc. area unit currently simply out there to abuse the technology and conduct
hidden police investigation while not one’s consent.
Notably, a recent study has found that offence of cyberstalking has been raised apace throughout
the imprisonment amount for Covid-19 pandemic in 2020. Eventually, this paper aims to grasp
the abstract development of cyberstalking with a priority over the proper to privacy; to seek out
its proximity with cyberbullying; to focus on existing legal protection against the crime of
cyberstalking This paper analyses the various legislations passed in Republic of India to tackle
cyberstalking.

KEYWORDS

Cyberstalking, Internet, Privacy, Cybercrime, Harassment

INTRODUCTION

In early 1990s, stalking activities was a lot of focused with celebrities by their fans and called as
‘Star-Stalking’. 1Nowadays, the overall criminal activity isn't any longer restricted among the
material world rather it's expanded to the virtual world moreover. during this digital era,
cyberspace has given rise to unprecedented changes within the daily activities of human life. Info
and Communication Technology (ICT) that was initiated for general welfare, betterment of
people’s fashion and luxury, bit by bit has become a weapon to criminal aspirations2. The 3A(s)
of Cyber area i.e., Anonymity, Authority and a focus that not solely attracts the criminal minded
1
Joel Best, Stalking, Encyclopedia Britannica, June 6, 2016 available at: www.britannica.com/topic/stalking-
crime/cyberstalking accessed
2
Ehsan Salimi & Abbas Mansourabadi, The Criminology of Cyber Stalking
folks, rather it additionally provides a chance for people to unleash their negative aspect to get
pleasure in dark fun.3Generally, aims of those stalkers is to enter within the non-public area of
their target. Incidentally, cyber stalkers invariably attempt to monitor every and each move of
their target by means of perennial e-mails, messages, annoying phone calls or in the other mode.
However, the correct to privacy being a global right has been well recognized by the Universal
Declaration of Human Rights (UDHR)4 since 1948 moreover as below the International
Covenant on Civil and Political Rights (ICCPR) since 1966. Later on, the Supreme Court of
Bharat has clearly Affirmed that Right to Privacy is extremely abundant a section of the
elemental right secured below Article 21 of the Indian Constitution. Herewith, the apex court any
noted, “privacy isn't lost or surrendered simply as a result of the individual is in a very public
place. Privacy attaches to the person since it's an important aspect of the dignity of the person.”
So, this cyberstalking behavior not the only causes distress and a way of threat within the mind
of victim however violate elementary human rights to privacy, dignity and private liberty of the
victim.
It is pertinent to say that a report created by WHOA in 2013 found that – (i) the bulk of
cyberstalking victims between 18 to 29 years of age; (ii) roughly 40 pc of cyberstalkers male;
(iii) approx. sixty cyberstalking victims or feminine. According to, Harold D’ Costa, the director
of Cyber Intelligent firm and cop trainer states, “We are becoming nearly two-hundred such
(cyber-crime) cases daily from everywhere Maharashtra. Bharat is that the second largest user of
web within the World, whereas Maharashtra is that the largest web user within the country.
Nearly 16.04 large integer Indians are registered on varied social networking sites- that basically
makes it powerful to nab these stalkers.” Further, this crime of cyberstalking was ready
throughout the covid-19 internment amount once folks were compelled to pay most of the time
among the cyber world.5

THEORETICAL DEVELOPMENT OF CYBERSTALKING

Idea of 'customary following' and 'cyberstalking' are firmly related with one another, even
so, these ideas may not be utilized as interchangeable, on the grounds that cyberstalking for sure
addresses a new type of degenerate way of behaving which is effective to recognize it from the
idea of customary stalking. Basically, cyberstalking is incompletely gotten from the idea of
customary disturbance where the guilty party makes utilize contemporary current innovation to
perpetrate wrongdoings in digital space. In customary as well as online structures, stalkers have
ways of behaving and strategies with mala fide goal to bug and sometimes, it brought about
danger or terrorizing against victim. Like customary following, cyberstalking is additionally

3
Merriam-Webster Legal Dictionary, Cyberstalking, available at: www.merriam-webster.com/legal/cyberstalking
4
Universal Declarations of Human Rights, G.A. Res. 217A, U.N. Doc. A/810 (December 12, 1948), Art. 12: No
one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks
upon his honour and reputation. Everyone has the right to the protection of the law against such interference or
attacks.
5
available at: https://timesofindia.indiatimes.com/life-style/spotlight/beware-cyberstalking-is-on-the-rise-during
filled by rage, outrage as well as want to control furthermore, make impact over the person in
question and periodically it might additionally set off by activity or inaction in casualty's part.
Remarkably, Bociji and McFarlane characterized 'cyberstalking' as "a gathering of ways of
behaving by an individual who utilizes Information and Communications Technology (ICT) to
irritate someone else." They additionally gave a rundown of ways of behaving which might be
named as cyberstalking, for example,
(I) transmission of dangers and bogus allegations;
(ii) harm to information or hardware, personality or information burglary;
(iii)computer checking, the requesting of minors for sexual purposes and
(iv) some other type of aggression. Further, cyberstalking in view of the casualty's information,
can be partitioned into two types. That is where following demeanor is seen or referred to by the
casualty is called as 'Plain' and whenever such exercises of digital stalker are stowed away from
the casualty's information is named as 'Covert'. Thus, this altered and expanded conduct of
cyberstalking makes it more perplexing what's more, testing to handle. Further, cyberstalking
isn't just restricted with simple individual however means any individual that incorporates the
corporate elements too. Along these lines, the previously mentioned cyberstalking ways of
behaving gave an enhanced weakness over the right to protection and conspicuously forced
danger against the assurance of information around the internet.

Then again, hardly any remarkable difficulties which again separate cyberstalking from the
following have been listed as follows: (I) Geographical Proximity Cyberstalking
performed at virtual world which isn't confined by any sorts of regional limits.
Along these lines, digital stalker and casualty might be or may not be privately associated with
one another as there have no earlier necessity of actual showdown; (ii) Anticipation If there
should be an occurrence of conventional following, it is more advantageous for specialist to
follow concern stalker in correlation with cyberstalking. As in later circumstance, character of
wrongdoers might be concealed effectively behind the cloak of namelessness; and
(iii) Spontaneity digital stalkers may haphazardly choose their casualties since innovation give a
safeguard to cover their personality.

WHO ARE THE MOST LIKELY VICTIMS AND OFFENDERS OF

CYBERSTALKING?
• Females are much more likely to come to be victimized than males.
• Educational organization also are a totally in all likelihood goal of
cyberstalking.

WHERE DOES CYBERSTALKING OCCURS?

• Emails
• News groups/message boards
• Internet sites
 • Chat rooms
• Third party messages
• Service consumer profile

STALKING; PSYCHOLOGICAL REASONS

 Jealousy
 Obsession
 Attraction
 Revenge

Online Harassment and Cyberstalking in India:

Legislative Remedies Since the 1990s, stalking and harassing has emerged as a not unusual
place incidence because of Internet. In 2001, India’s first cyberstalking case become stated.
Manish Kathuria become stalking an Indian lady, Ms. Ritu Kohli via way of means of illegally
chatting at the internet site, www.mirc.com the use of her name; and used obscene and
obnoxious language, and allotted her house phone number, invited humans to talk together along
with her at the phone. As a result, Ms. Ritu Kohli become getting obscene calls from numerous
states of India and abroad, and those have been speaking grimy together along with her. In a
nation of shock, she known as the Delhi police and stated the matter. The police registered her
case below Section 509 of the Indian Penal Code, 1860 for outraging the modesty of Ritu Kohli.
But Section 509 refers best to a word, a gesture or an act meant to insult modesty of a woman.
But whilst equal matters are finished on Internet, then there may be no point out approximately it
withinside the stated section. This case precipitated alarm to the Indian government, for the want
to amend legal guidelines concerning the aforesaid crime and concerning safety of sufferers
below the equal.

 The Information Technology (Amendment) Act, 2008 As a result,

Section 66A of the Information Technology (Amendment) Act, 2008
(hereinafter the IT Act, 2008) states: Punishment for sending offensive
messages via communique service, etc.- Any character who sends, via a
laptop aid or a communique device,- (a) any records this is grossly
offensive or has menacing character; or (b) any records which he is aware
of to be false, however for the cause of inflicting annoyance,
inconvenience, danger, obstruction, insult, injury, crook intimidation,
enmity, hatred, or sick will, consistently makes via way of utilising such
laptop aid or a communique device; (c) any email or email message for
the cause of inflicting annoyance or inconvenience or to misinform or to
lie to the addressee or recipient approximately the foundation of such
messages Published in Articles phase of www.manupatra.com Bharati
Law Review, July – Sept., 2013 ninety will be punishable with
imprisonment for a time period which may also make bigger to three
years and with quality. The IT Act, 2008 does now no longer at once cope
 with stalking. But the trouble is dealt extra as an ‘intrusion directly to the
privateness of individual’ than as everyday cyber offences that are
mentioned withinside the IT Act, 2008. Hence the maximum used
provision for regulating cyberstalking in India is Section 72 of the IT Act,
2008 which runs as follows:
 Section72: Breach of confidentiality and privateness.- Save as in any
other case supplied on this Act or some other regulation in the intervening
time in force, any character who, in pursuant of any of the powers
conferred below this Act, policies or guidelines made thereunder, has
secured get admission to any digital record, book, register,
correspondence, records, file or different fabric without the consent of the
character involved discloses such digital record, book, register,
correspondence, records, file or different fabric to some other character
will be punished with imprisonment for a time period which may also
make bigger to two years, or with quality which may also make bigger to
at least one Lakh rupees, or with both.
 Section 72A: Punishment for disclosure of information in breach of lawful
contract.- Save as otherwise provided in this Act or any other law for the
time being in force, any person including an intermediary who, while
providing services under the terms of lawful contract, has secured access
to any material containing personal information about another person, with
the intent to cause or knowing that he is likely to cause wrongful loss or
wrongful gain discloses, without the consent of the person concerned, or
in breach of a lawful contract, such material to any other person shall be
punished with imprisonment for a term which may extend to 3 years, or
with a fine which may extend to 5 lakh rupees, or with both.
 In practice, these provisions can be read with Section 441 of the Indian
Penal Code, 1860 which deals with offences related to criminal trespass
and runs as follows: Whoever enters into or upon property in the
possession of another with intent to commit an offence or to intimidate,
insult or annoy any person in possession of such property, or having
lawfully entered into or upon such property, unlawfully remains there with
intent thereby to intimidate, insult or annoy any such person, or with an
intent to commit an offence, is said to commit criminal trespass.

SELF HELP APPROACHES

After researching on various aspects of cyber talking, the problem came to know
is that the limitations of legal regulation of online harassment in cases which
involve anonymous cyberstalkers. These limitations in legal regulation are, to
some extent, compensated for by the availability of non-legal solutions to online
harassment. A number of more suitable ways in which users can protect
themselves from online harassment are discussed below.
• Do not share personal information in public spaces anywhere online, nor give it
to strangers, including e-mail or chat rooms.
• Do not ever reply to offensive, defamatory, provocative e-mails if you get them.
• Do not respond to flaming, or get provoked online. • You can use online
segregating tools such as blocking of the email ID, reporting of spams, and are
also advised to use strong encryption programs such as the Pretty Good Privacy
(PGP) which ensure complete private communications.
• If you're being stalked, you don’t should be a victim. Report the incident for
your Internet Service Provider, police station on your city, or an internet assist
organization and additionally take recommendation out of your techno-savvy
friends.
• Keep evidence of possible harassment by saving messages, or copying and
pasting them to self-e-mails. Prevention is always better than cure.