Introduction
The rapid growth of the internet, smartphones and social media has increased digital communication but has also created new forms of crime. Cyberstalking is one such cyber offence that threatens an individual's privacy, dignity, reputation and safety.
Meaning of Cyberstalking
Cyberstalking refers to the repeated or persistent use of the internet, social media, email, messaging applications or other electronic communication to monitor, contact, harass, threaten or intimidate a person without consent.
It may include repeated unwanted messages, monitoring social-media activities, creating fake profiles, impersonation, unauthorised access to accounts, online threats, location tracking, sharing private photographs, doxxing and online blackmail. Cyberstalking can occur across multiple platforms and may continue even after the victim blocks the offender.
The Information Technology Act, 2000 does not specifically define cyberstalking as a separate offence. However, various provisions of the Act may apply depending on the conduct involved. In addition, Section 78 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with stalking, including specified forms of monitoring a woman's internet, email or other electronic communication.
Major Cyber Offences under the IT Act, 2000
The IT Act recognises several offences related to misuse of computers and digital technology:
- Section 43 – Unauthorised access and damage: Provides for compensation for various unauthorised acts involving computer resources, including accessing, copying or damaging data.
- Section 66 – Computer-related offences: Makes certain acts under Section 43 criminal when committed dishonestly or fraudulently.
- Section 66C – Identity theft: Covers fraudulent or dishonest use of another person's electronic signature, password or unique identification feature.
- Section 66D – Cheating by personation: Deals with cheating by personation using a computer resource or communication device.
- Section 66E – Violation of privacy: Covers specified acts involving the capture, publication or transmission of an image of a person's private area without consent.
- Section 67 – Obscene material: Deals with publishing or transmitting obscene material in electronic form.
- Section 67A – Sexually explicit material: Deals with publishing or transmitting sexually explicit material electronically.
- Section 67B – Child-related sexual material: Deals with specified prohibited electronic conduct and sexually explicit material involving children.
- Section 66F – Cyber terrorism: Deals with specified serious acts involving computer resources that threaten the security or sovereignty of India.
Section 66A — Important Judicial Development
Section 66A is no longer a valid offence. In Shreya Singhal v. Union of India (2015), the Supreme Court struck it down as unconstitutional for violating freedom of speech and expression under Article 19(1)(a).
Conclusion
Cyberstalking is a serious technology-enabled form of harassment. Although the IT Act does not contain a specific offence called cyberstalking, its provisions can address several activities associated with it. Along with the IT Act, the BNS, 2023 and other specialised laws provide additional legal protection. Effective cyber awareness, digital security, evidence preservation and strong law enforcement are essential to combat cyberstalking and other cyber offences.