CYBER STALKING

1. What is cyber stalking?

Cyber stalking is a type of a crime. In the cyber stalking there is a involvement
of two persons- Firstly, the stalker is also known as attacker who do the crime &
Secondly, the Victim who is harassed by that stalker.
Cyber stalking is also known as cyber crime. Cyber which is related to the
internet and the stalking means to browsing anyone’s online history with the
help of any social media or in other websites to know about that particular
person is term as stalking.
2. How the Case of Cyber Stalking are dealt within the Indian Laws?
Cyber stalking is a serious crime, a type of offence committed by the person’s
known as the stalkers. There are many cases filed against those persons by the
victim every year in India.
In India the cases which are filed against those stalkers are majorly reported by
the females, nearly about 60% females get victimized. The stalking is majorly
spotted in the two states of India;
Firstly, Maharashtra with 1,399 cases which had a higher number of stalking.
Secondly, Delhi with around 1130 cases is filed against the stalking.

The cyber stalking cases are dealt in India by the:

1. Information technology act 2000.
2. The criminal law (Amendment) act 2013.

1. Information Technology Act 2000

 If any person is publishing or sending any salacious material in the form
of electronic media is to be charged under section 67 of the Act. This
dose not involves the determination of the extent of liability of ISP
(internet service providers) and their directors.

 For the preclusion of cyber stalking the protection of the data is very
important, which gets leaked easily by the hackers. According to the
amended IT act, section 43 A is added for the inclusion of a Body
 corporate”, the allowing of the compensation in the case of a firm or a
company which causes any wrongful losses or gain to any person by the
way of transmitting any sensitive information and the maintenance of
such type of security, then such body corporate shall be liable to pay
damages by way of compensation.

 The Information Technology Act, 2000 also comes into picture when the
cyberstalker posts or sends any obscene content to the victim. Section 67
of the Information Technology Act states that when any obscene material
is published, transmitted or caused to be published in any electronic form,
then it is a crime of obscenity, punishable with imprisonment for up to 5
years with fine of up to Rs. 1 lakh. A second or subsequent conviction is
punishable by imprisonment for up to 10 years with a fine of up to Rs. 2
lakh.

 Section 500 of the Indian Penal Code that deals with defamation, can be
applied in case of cyber stalking in India if the stalker forges the victim’s
personal information to post an obscene message or comment on any
electronic media. Section 500 criminalises publishing any false statement
against a person or harming the person's reputation and provides
punishment for any such act with imprisonment up to 2 years, fine or
both.
2. The criminal law (Amendment) Act, 2013
The act includes Stalking” as an offence under Section 35D of the IPC(Indian
penal code).
This act states that, Any man who-
I. contacts and follows a woman or attempts to contacts such woman to
proselytize personal communication repeatedly despite of being clear indication
of disinterest by such woman or;
II. Observe the use of a woman over the internet, instant messages, e-mail or
any other form of electronic communication is the offence of stalking”.
Racism is also a factor in cyber stalking.
1. What is the procedure for filing a complaint?
According to the Information Technology Act, 2000 any police officer not
below the rank of Deputy Superintendent of Police, or any other officer of the
Central Government or a State Government authorised by the Central
Government in this regard, may enter any public place and search and arrest any
person found there without a warrant, notwithstanding anything in the Code of
Criminal Procedure, 1973. (Section 80)
Cybercrime does not have jurisdiction because it occurs without any
boundaries. As a result, you can report a cybercrime to the cybercrime
department of any city, regardless of where it occurred.
2. Conclusion
The Information Technology Act of 2000 and the Indian Penal Code of 1860 do
not specifically address the subject of cyberstalking and the defamatory or
threatening statements made by the stalker while stalking the victim through
SMS, phone calls, e-mails, or blogging under the victim’s name. Some of the
provisions of the above-mentioned Acts allow for the punishment of the
offender. There is no specific clause that deals with this offence. This crime is
fairly simple to commit, but the consequences are quite long-lasting. It can harm
the victim’s mental and physical well-being. The penalty provided under current
provisions should be enhanced while keeping the victim’s well-being in mind.