1. Introduction
Cyberstalking is the repeated or persistent use of the internet, social media, email, messaging applications, or other digital technologies to monitor, contact, harass, threaten, intimidate, or cause distress to another person without consent. It is an emerging form of cybercrime that can affect an individual's privacy, dignity, reputation, mental well-being, and personal safety.
2. Major Forms of Cyberstalking
Cyberstalking can occur through repeated unwanted messages, emails, phone calls, fake social-media profiles, impersonation, monitoring of online activities, unauthorised access to accounts, threats, and sharing of private or intimate photographs without consent. A stalker may also use multiple accounts or platforms to continue contacting the victim after being blocked.
Difference between cyberstalking and cyberbullying
| Cyberstalking | Cyberbullying |
|---|---|
| Usually involves persistent and repeated monitoring or unwanted contact | Usually involves online harassment, humiliation, or abuse |
| May involve threats and physical-safety concerns | Often focuses on emotional or social harm |
| Can continue across multiple platforms | Often occurs through social media, messaging, gaming, etc. |
| May involve tracking or surveillance | May involve spreading rumours, insults, or embarrassing content |
There can be significant overlap between the two.
Effects of cyberstalking
Cyberstalking can result in:
- Anxiety and fear
- Emotional distress
- Loss of privacy
- Damage to reputation
- Social isolation
- Disruption of education or employment
- Financial loss
- Concerns about physical safety
How to protect yourself
- Do not engage with the stalker unnecessarily.
- Save evidence such as screenshots, messages, usernames, dates, and URLs.
- Block and report abusive accounts.
- Make social-media accounts private and review followers.
- Use strong, unique passwords and enable two-factor authentication (2FA).
- Check account login/activity history for unfamiliar devices.
- Avoid publicly sharing your live location, address, phone number, or daily routine.
- Tell someone you trust if the behaviour is threatening or persistent.
- If there are threats, extortion, or credible safety concerns, contact the appropriate law-enforcement or cybercrime authorities.
3. Legal Provisions under the IT Act, 2000
The Information Technology Act, 2000 does not contain a separate offence specifically called "cyberstalking." However, different provisions can apply depending on the conduct.
Section 66C: Deals with identity theft, including fraudulent or dishonest use of another person's password or unique identification feature.
Section 66D: Deals with cheating by personation using a computer resource or communication device.
Section 66E: Deals with specified violations of privacy involving the capture, publication, or transmission of an image of a person's private area without consent.
Section 67: Deals with publishing or transmitting obscene material in electronic form.
Section 67A: Deals with sexually explicit material in electronic form.
Section 67B: Deals with specified prohibited electronic conduct and sexually explicit material involving children.
4. Section 66A — Important Judicial Development
Section 66A should not be cited as a current offence. In Shreya Singhal v. Union of India (2015), the Supreme Court struck down Section 66A as unconstitutional because it violated the fundamental right to freedom of speech and expression under Article 19(1)(a). Therefore, Section 66A cannot currently be used to prosecute a person.
5. BNS, 2023 and Stalking
The Indian Penal Code was replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS) from 1 July 2024. The former IPC Section 354D dealt with stalking, including monitoring a woman's use of the internet, email, or other electronic communication. The current provision is Section 78 of the BNS, which deals with stalking under the circumstances specified by law.
6. Impact of Cyberstalking
Cyberstalking can cause fear, anxiety, emotional distress, loss of privacy, reputational damage, social isolation, disruption of education or employment, financial loss, and concerns regarding physical safety. Its effects can be severe because digital harassment can continue across multiple platforms and reach victims at any time.
7. Prevention and Reporting
Victims should preserve screenshots, messages, emails, usernames, profile links, phone numbers, dates, timestamps, and other relevant digital evidence. They should secure their accounts using strong passwords and two-factor authentication, and block or report abusive accounts where appropriate. Complaints can be filed through the National Cyber Crime Reporting Portal or with the local police/Cyber Crime Police Station.
8. Challenges
Major challenges include anonymous accounts, impersonation, cross-border offenders, rapid technological changes, difficulty in preserving digital evidence, and underreporting. Law-enforcement agencies also require specialised cyber-forensic skills to investigate such offences.
9. Conclusion
Cyberstalking is a serious technology-enabled form of harassment that threatens privacy, dignity, and safety. India addresses it through a combination of the IT Act, 2000, BNS, 2023, and other applicable laws. Effective enforcement, cyber awareness, digital evidence preservation, technological capabilities, and cooperation between authorities and online platforms are essential to protect citizens from cyberstalking. add more information forms of cyberstalking