SUB THEME 4: CYBER CRIME AGAINST WOMEN AND CHILDREN.

TITLE: A CRITICAL ANALYSIS ON HOW THE VULNERABLE SECTOR OF THE

SOCIETY ARE VICTIMS OF PSYCHOSOCIAL CYBERCRIME IN INDIA.

AUTHOR: MEHAK. M, 3rd year, BBA LL.B (hons)

NAME OF THE INSTITUTION: Saveetha School of Law, Saveetha Institute of Medical and
Technical Sciences, Poonamallee, Chennai- 600 077.
EMAIL ID: mehakrakhecha@gmail.com
CONTACT NO. 7904699218.

CO-AUTHOR: SANKESH KATARIA, 3rd year, BA LL.B (hons)

NAME OF THE INSTITUTION: Saveetha School of Law, Saveetha Institute of Medical and
Technical Sciences, Poonamallee, Chennai- 600 077.
EMAIL ID: sankeshkataria02@gmail.com
CONTACT NO. 6383352210.
A CRITICAL ANALYSIS ON HOW THE VULNERABLE SECTOR OF THE SOCIETY
ARE VICTIMS OF PSYCHOSOCIAL CYBERCRIME IN INDIA.

Mehak. M1
Sankesh Kataria2
ABSTRACT:

We live in the era where the threat of cybercrime is a reality that always exists and develops both
in the personal and professional space. Cyberspace in the early days, was primarily a ‘male
domain’ since more males used to have access to computers and the internet than females. In the
21st century, online experiences for women can be categorized as either empowering or
vulnerable because of the use of the internet in different ways to make lives miserable. Cyber
Crime takes place against those who can be easily exploited. This paper focuses on psychosocial
cybercrime (eg.cyberbullying) among men and women in India. The research aims to analyze the
reasons for these potential victims falling prey to such crimes. Due to lack of knowledge, people
don’t know that cybercrime committed against them is as valid and grave as any traditional
crime. This paper emphasizes how and why only the vulnerable sector of the society i.e, women
and children are the targets of psychosocial cyber crimes i.e, gender-biased in India and also
draws attention to psychosocial cybercrime and how men and women hold different perceptions
of digital crimes. A Doctrine research method was adopted to draw conclusions. The research
examined previous research papers relating to differential perceptions of psychosocial
cybercrime against the vulnerable sector and drew inferences from secondary databases and the
results concluded that women consider psychosocial cybercrime a worse form of abuse than men
as they are the real victims. This paper presumes how cybercrime against women and children
has an impact on their social life in the context of India. It highlights the reasons, forms and ways
to attack cyber crime and explores some suggestions on how to curb the cyber crime against the
vulnerable sectors of the society. The authors presume that this study would provide a stepping
stone for future studies on this topic.

1
BBA.L.L.B.(hons) third year, Saveetha School of Law, Saveetha Institute of Medical and Technical Sciences
(SIMATS), Mobile no: 7904699218, Email:mehakrakhecha@gmail.com
2
BA.L.L.B.(hons) third year, Saveetha School of Law, Saveetha Institute of Medical and Technical Sciences
(SIMATS), Mobile no: 6383352210, Email:sankeshkataria02@gmail.com
KEYWORDS: Psychosocial, Cybercrimes, Victims, Impact, Gender-biased.

1) INTRODUCTION:

Before we totally dig into the research topic, let us know a little about what this cyberspace is
and its use in the 21st century. Technological developments related to communication have
developed a communion among the people, who live world apart. The internet is one of the
greatest inventions in the arena of communication. With the advent of the internet, the whole
world has become a global village. It has created a virtual world with no boundaries, which gives
people ample opportunities to ameliorate both personal and professional relationships across
borders. The social-economic and cultural facets of life have been tremendously affected owing
to the rise of globalization. One of the benefits which the internet has provided to every section
of the society is empowerment, including women. The social networking websites (SNWs) have
developed a new area for socializing.3 We live in the era where the threat of cybercrime is a
reality that always exists and develops both in the personal and professional space. Cyberspace
in the early days, was primarily a ‘male domain’ since more males used to have access to
computers and the internet than females. In the 21st century, online experiences for women can
be categorized as either empowering or vulnerable because of the use of the internet in different
ways to make lives miserable. Cyber Crime takes place against those who can be easily
exploited.

Do men and women perceive different types of cybercrime? “Ignore the daily fierce attack of
harassing and violent threats you receive online.” Every other day, women receive that
instruction from their family members. However, these constant reminders constitute a threat not
only to women's professional opportunities but also their psychological abilities, and online
freedom. Cybercrimes against women are a relatively recent notion in India. It should be recalled
that when India first entered the information and technology field, the necessity for urgent
protection of electronic commerce and related communications-rather than of cyber-specializing

3
Pooja Sangwan, A Critical Study of the Violation of Women’s Right in India with Special Reference to Cyber
Crime, IME Journal/ Vol.13 No.2/, July-December 2019, 10.5958/2582-1245.2019.00006.X.
communications-was felt.4 The Model Law on Electronic Commerce, which the United Nations
General Assembly enacted by resolution in 1997 was and still is a major inspiration for the
authors of the Indian Information Technology Act, 2000. The Act ended up being an incomplete
piece of legislation because it included cyberattacks on people that were not commercial, in
addition to electronic commerce.

All of us know what cybercrime is, but do we the way it has been and can be categorized? Well,
in our opinion, you can categorize it in three types; socio-economic, psychosocial and
geopolitical. Psychosocial cybercrime refers to digital crimes that are primarily psychologically
driven to cause shock, distress or harm to a person, where monetary gain is not the primary
objective. They include cyberstalking, cyberbullying, and online harassment.5 Socio-economic
cybercrime refers to cybercrime including cyber attacks on financial institutions, corporate
espionage, and the theft of intellectual property. It can also involve the use of technology to
facilitate illegal activities such as money laundering, human trafficking, and the sale of illegal
goods and services. Geopolitical cybercrimes include cybercrimes that are fundamentally
political in nature and involve agents of the state (and non-state activists) and/or their
representatives engaged in acts such as cyber espionage or malware-based attacks to disrupt the
critical national infrastructure of a state.6 Our paper in specific concentrates on how the
vulnerable sector i.e. Females and children have become the main target of psychosocial
cybercrimes in India due to their vulnerability in general. The very difference between
psychosocial and socio-economic cybercrimes is the motivation behind the crime. Psychosocial
cyber crimes are motivated by psychological or social factors, while socio-economic cyber
crimes are motivated by the desire to gain economic or financial benefits.

2) OBJECTIVES:

1. Focus on psychosocial cybercrime (eg.cyberbullying) among men and women in India,

2. To analyze the reasons for these potential victims falling prey to such crimes,

4
Ms. Soram Agrawal (Devi Ahilya Vishva Vidhyalaya Indore), How and why women are victims of Cyber Crime in
India, JUS CORPU LAW JOURNAL (Jan. 03, 2023, 4:28PM),
https://www.juscorpus.com/how-and-why-women-are-victims-of-cyber-crime-in-india-an-analysis/.
5
Lazarus. S, Button. M & Kapend. R, Exploring the value of feminist theory in understanding digital crimes:
Gender and cybercrime types, Volume 61, The Howard Journal of Crime and Justice, 381– 398, 386 (2022).
6
Id. at 5.
 3. To analyze how and why only the vulnerable sector of the society i.e, women and
children are the targets of psychosocial cyber crimes i.e, gender-biased in India,
4. To draw attention to psychosocial cybercrime and how men and women hold different
perceptions of digital crimes.

3) IMPACT OF PSYCHOSOCIAL CYBERCRIMES ON VICTIMS AND SOCIETY:

Psychosocial cybercrime refers to crimes that use online platforms and technology to manipulate,
exploit, or harm people psychologically or socially. These types of crimes can have significant
impacts on individuals, communities, and society as a whole. One potential impact of
psychosocial cybercrime is on the mental health and well-being of the victim. For example,
cyberbullying, stalking, or harassment can cause significant emotional distress, leading to
symptoms such as anxiety, depression, and even suicidal thoughts. Psychosocial cybercrimes can
also have social impacts, such as damaging a person's reputation or relationships with others. For
example, the spread of false or harmful information about a person online can harm their
relationships with friends, family, and colleagues. Additionally, psychosocial cyber crimes can
have economic impacts, such as financial loss due to scams or fraud, or lost productivity due to
harassment or other distractions. Overall, psychosocial cybercrime can have serious and
far-reaching impacts on individuals and society, and it is important for individuals to be aware of
these types of crimes and to take steps to protect themselves online.

The impact that this technology leaves women and children behind is miserable. It completely
changes their lifestyle, personality and also their belief in things, people and their surroundings.
These sort of crimes against children includes producing, distributing, and using materials
depicting child sexual abuse, online solicitation or grooming (securing the trust of children to
lure them into situations where they may be harmed), and exposure to materials that can cause
psychological harm, physical harm, or facilitate other detriments to children, harassment, and
intimidation. As a result of cybercrime, children have become the latest victims. Cyberbullying
and grooming online are illegal activities used by criminals to target children. Computers and the
Internet are being used to commit crimes against children, including child exploitation, the
production, distribution, and possession of child pornography; exposure to harmful content;
grooming, harassment, and sexual abuse; and cyberbullying.7

4) HOW MEN AND WOMEN HOLD DIFFERENT PERCEPTIONS OF DIGITAL

CRIMES:

When it comes to crime perceptions, gender differences matter. Gender differences in crime
perception reflect gender ideology and gendered practice, as well as gender structures. Gender
socialization, for example, is an important factor in gender differences in crime perception. First,
unlike men, women (and girls) are generally socialized to place a low value on fighting,
punching, and other physical abilities (and boys). At the same time, men and boys are more
socialized than women and girls to deny fear. Second, the media, parents, police, and
government agencies generally produce and tailor danger warnings and precautionary advice for
women (and girls) more than for men and boys (boys). Such socialization patterns regarding fear
and physical vulnerability may influence women's reliance on men in their lives for offline
security and protection. As a result, it shapes gender differences in perceptions of crime and risk.
Other social forces, such as unequal power relations between men and women, create multiple
dimensions and perspectives on gender differences. Indeed, men's social control over women,
men's dominance over women, and women's vulnerabilities, all produced and maintained
through relational processes, are all implicated in risk perceptions and crime. 'Victims of
traditional crimes largely have the same needs as victims of digital crimes,' according to the
study. Sexually motivated crimes (e.g., rape threats and sexual harassment online) are perceived
as more frightening for women (and girls) than for men, according to research on Internet crimes
(and boys). It is possible that those most vulnerable to psychological crimes on the Internet (e.g.,
women and girls) are also the most fearful of these crimes. There is no doubt that gender identity
is a significant factor in explaining the disparity in crime fear between men and women. This
reinforces the fact that people socialized as feminine are less likely to suppress their expressions
of fear than those socialized as masculine. Thus, gender disparities in Internet crimes deserve
attention, not least because they are critical in critiquing the term "cybercrime," particularly the
cyber-enabled and people-centric classifications.
7
Bhavana Sharma , Prof. (Dr.) Gaurav Kataria, Internet Ubiquity And Cybercrime Targeting Children In India, Vol.
6 No. 9, Journal of Positive School Psychology, 5103-5112, 5103 (2022).
5) REASONS FOR THESE POTENTIAL VICTIMS FALLING PREY TO SUCH
CRIMES:

The traditional Indian society places women in a very high regard, the Vedas glorified women as
the mother, the creator, one who gives life and worshiped her as a “Devi” or Goddess.8 The
women have occupied a phenomenal role and as such her subjugation and mistreatment were
looked upon as demeaning to not only the woman but towards the whole society in general.
Unfortunately, in modern times women are not only viewed and portrayed but also objectified as
sex objects.

The few facts that we as researchers would like to point would be for the boom of such crimes
online; 1. The engagement rate, 2. The scenario created due to the Pandemic and 3.
Schadenfreude.

Let’s talk about the first one, that is the engagement rate. The below graphs show the increase in
the number of users social media has witnessed which has intended to increase the number of
cybercrime against the vulnerable sector in the society. The increase in the number of users,
increases the number of cybercrime in the society. The more technology is used, the more people
indulge in these atrocities as it also makes technology available to more people and better
improved technology to commit such crimes. So, I would like to emphasize the fact that the link
between technology and people is how these vulnerable sectors fall prey to such crimes.

GRAPH-1

8
Urvashi, Adv, Cyber Crimes and Victimisation of Women in India with Special Reference to Cyber Obscenity,
SSRN (June 10, 2021). https://ssrn.com/abstract=3867957.
(Note: this particular graph was only used to draw inferences and the sources were picked from
statistia.com and http://journalppw.com)

GRAPH-2

(To draw inference from the report submitted by the National Crime Records Bureau and
http://journalppw.com, the research is used their sources to make an analysis with respect to the
recent topic and respectfully given them their credits for the same)

According to Bhavana Sharma, Prof. (Dr.) Gaurav Kataria9, India has recorded a grammatical
growth in the users of social media and currently has more than 755 million social media
users in 2022. They also state that the country is expected to be almost 1.5 billion in 2040.
This number is increasing every year at the rate of 4.2% and we would be surprised that,
in line with the global average, Indian users spend an average of 2.4 hours on social media
daily. Social media has become a daily habit in most people’s lives. Individuals across
different age groups use social media platforms like Facebook, Instagram, YouTube, and
Twitter for communication and networking. Young individuals aged 18-24 years spend
excessive time on these applications –with Facebook and Instagram having 97.2 million
and 69 million users from this age group alone in India, clearly showcasing growing
dependency on social media. The constant use leads to exposure to risky content, changes in

9
Id. at 7.
behavioral patterns, feeling of inferiority and even cyberbullying, resulting in grave mental
health challenges and illnesses.

According to UNICEF, at least one out seven Indians aged between 15 to 24 years feel depressed
and Depressionis linked to lack of self-esteem, poor concentration and other maladaptive
symptoms.10 It can lead to difficulties in communication, failure to work or study productively,
amplified risk of substance uses and abuse, as well as suicidal thoughts which have become
very common in India. But, one of the key risk factors for these prevalent rates of depression is
social media which has led to threats to life and increased cybercrimes.

Second one is the scenario created due to the pandemic. During the covid-19 pandemic
worldwide, everything was taken away from people, even their families but the technology. Yes,
the only thing that people had by their sides day and night was their phones and spent hours
scrolling through instagram, facebook, twitter etc. The Chief of Defence Staff (CDS) General
Bipin Rawat stated that “Cyber crimes have gone up by almost 500% in India during the global
pandemic and the country needs to consider the emerging threats from new technologies such as
drones, ransomware, Internet of Things (IoT) devices and also the role of nation states in such
cyber attacks, crimes etc. The lockdown, which witnessed a deeper adoption of interconnected
devices and hybrid work environments, has increased our dependence on technology. This
renders us digitally more vulnerable than ever before.”11

With increased connectivity has come an increase in the negative side of the digital space - cyber
harassment. Online bullying, cyber stalking, hate speech, and public shaming are all examples of
this type of violence and have a significant economic impact. Since the outbreak of the
COVID-19 pandemic, there has been a worldwide increase in online harassment of women and
girls, which has been reported in our country. Fighting online sexual harassment is critical to
creating a safe online environment. However, legislation to protect women from this lags behind,
discouraging women from seeking justice for fear of being dismissed. The lockdown and social
isolation during COVID‐19 pandemic in our country, everyday tasks, communications, and
interactions were disrupted and the online mode remained the only way for daily activities. As

10
The Economic Times, https: //economictimes .indiatimes. com/magazines /panache/one-in-seven-
indians-between-15-24-years-of-age-feel-depressed-lack-interest-in-doing-things-shows-unicef-report/articleshow/8
6807417.cms?from=mdr (04 Jan, 2023)
11
The Hindu, https://www.thehindu.com/news/national/cybercrime-went-up-by-500-per-cent-during-
pandemic-chief-of-defence-staff/article37457504.ece (04 Jan. 2023)
many had turned to the internet, social networks, online dating for companionship and finding
partners, and online gaming and streaming for entertainment for kids had become a thing in the
pandemic. Cyberbullying is a major concern as children who are unable to sleep or who have
finished their home studies may find additional screen time, and as the opportunity arises,
cyberbullying has become one of their activities. The dangers of cybercrime have existed for
many years, but the increase in the percentage of the population connected to the Internet and the
amount of time spent online, combined with the sense of confinement and anxiety and fear
generated by the lockdown, has provided more opportunities for cybercriminals to exploit the
situation and make more money or cause disruption. It is important to note that some of the more
vulnerable segments of the population, such as children, require more time spent online for
services such as schooling. This seismic shift in how we live our lives and use the Internet has
resulted in an increase in e-crime.

Last one is the Schadenfreude behavior of the criminals. Schadenfreude is a feeling of pleasure
or satisfaction that comes from seeing or hearing about someone else's misfortune. It is not
uncommon for individuals who engage in criminal behavior, including cybercrime, to experience
schadenfreude. In fact, it is often a driving force behind such behavior. For example, a
cybercriminal may take pleasure in knowing that they have caused harm or disruption to
someone else, or that they have successfully deceived or tricked someone. It is important to note
that criminal behavior, including cybercrime, is often motivated by a variety of factors, and it is
not uncommon for individuals who engage in such behavior to experience a range of emotions,
including schadenfreude, greed, power, and thrill-seeking. While it is not possible to generalize
about the behavior of all individuals who engage in cybercrime, it is clear that schadenfreude can
play a role in the motivations and actions of some individuals who engage in such behavior. So,
because of this motivation, the cybercriminals intend to commit more crimes and do not stop at
ones. So, let's take an example of a trolling comment on an influencers post, online. When the
influencer happens to come across such comments, ignores the user for a couple of times, but
after a certain point of time, they get annoyed by it and start reacting and that's exactly what
these cybercriminals look forward to and that's how these influencers online fall into trap.
6) ROLE OF ARTICLE 15 WITH RESPECT TO PROTECTION OF THE
VULNERABLE SECTOR FROM PSYCHOSOCIAL CYBERCRIMES:

Article 15(3) of the Indian Constitution states: "Nothing in this article shall prevent the State
from making any special provision for the advancement of any socially and educationally
backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes." This
provision is intended to allow the government to take affirmative action to address the social and
educational disadvantages faced by certain groups in Indian society, including the Scheduled
Castes (also known as Dalits or "untouchables") and the Scheduled Tribes (also known as
Adivasis or indigenous communities).

In terms of protecting vulnerable individuals from cybercrimes, Article 15(3) of the Indian
Constitution may not have a direct impact. However, the provision could potentially be used to
justify government efforts to educate and empower disadvantaged groups, including those that
may be particularly vulnerable to cybercrimes, about how to protect themselves online. For
example, the government could use Article 15(3) to justify initiatives to provide computer
literacy training and online safety education to disadvantaged communities, in order to help them
better protect themselves from cybercrimes.

7) THE PRESENT LEGISLATION:

The Information Technology Act of 2000, is ineffective in protecting women online and
preventing cyber crimes against them in India. Lately, the revised version satisfactorily removes
several issues as the "offense" portion of the current law i.e. the Information Technology Act
(Amended) in 2008, had been expanded to cover several major wrongdoings such as criminal
and punitive. As seen under Section 66A. Section 66A introduces a novel clause called
"Punishment for sending offensive messages via communication service, etc." for the first time
and it also includes hate speeches online that defame a person. It broadly also defends against
cyberbullying, cyberdefamation, and cyber fame. Section 66A is gender-neutral but in light of
the situation, this section helps in preventing online eve-teasing. And, under section 66C, it
deals with identity theft. This particular section can be incredibly effective in punishing those
who engage in nefarious behavior on social networking sites, chat rooms, and online marriage
forums. Three clauses address child pornography, sexually explicit material, and obscenity. Some
may argue that these restrictions are only safety nets to defend against and protect online
immorality.

8) SUGGESTIONS AND CONCLUSION:

Psychosocial cybercrime refers to crimes that involve the use of the internet and other forms of
digital communication to facilitate psychological manipulation, social engineering, or other
forms of abuse. Examples of psychosocial cybercrime include online harassment, cyberstalking,
etc that target individuals and exploit their vulnerabilities in order to manipulate them or obtain
personal information. Psychosocial cybercrime can have serious consequences for victims,
including emotional distress, financial loss, and in some cases, physical harm. It is important for
individuals to be aware of the risks and to take steps to protect themselves from psychosocial
cybercrime. The government could use Article 15(3) to justify initiatives to provide computer
literacy training and online safety education to disadvantaged communities, in order to help them
better protect themselves from cybercrimes.

The pandemic has increased our reliance on digital tools, resulting in an increase in cyber
harassment. As a result, urgent measures such as legislative safeguards must be implemented in
response to this new reality in order to further protect women and girls and prevent digital abuse.
Civil society organizations can also play an important role in increasing public awareness and
capacity to identify and report cyber harassment, as well as in seeking the appropriate tools or
services to mitigate its impact. Changes in the law, combined with the efforts of international
society, governments, and policymakers, can gradually enable both men and women to have
equal access to a safe online environment.

Do men and women perceive different types of cybercrime? According to the findings, women
find psychosocial cybercrime worse than men. In contrast, we discovered no differences in
socioeconomic cybercrime between men and women. In our opinion, the vulnerable sector of the
society i.e, women and children fall prey of such crimes due to their very nature and their
unstable mixing of emotions ( especially for women) and the repetition of reactions the
cybercriminals get from women and children is more compared to others and thus, they fall into
traps easily.

Psychosocial cybercrime refers to the use of technology to harass, intimidate, or bully someone,
often through social media or other online platforms. To help prevent psychosocial cybercrime in
India, there are a few steps that individuals and organizations can take:

1. Educate yourself and others about the issue: It's important to understand the forms that
psychosocial cybercrime can take, as well as the potential consequences and impacts. 2. Use
privacy settings and security measures: Make sure to use strong passwords and enable privacy
settings on social media accounts and other online platforms to help protect against
cybercriminals. 3. Report abuse or suspicious activity: If you or someone you know is being
subjected to psychosocial cybercrime, it's important to report it to the appropriate authorities. In
India, you can report cybercrime to the Cyber Crime Cell of the Indian Police or to the National
Cyber Crime Reporting Portal. 4. Seek support: If you or someone you know is being subjected
to psychosocial cybercrime, it's important to seek support from friends, family, and other trusted
individuals, as well as from professional organizations and resources. 5. Encourage responsible
behavior online: Encourage others to be respectful and considerate when using social media and
other online platforms, and to think carefully about the potential consequences of their online
actions.