CRIMINOLOGY

CYBER CRIMINOLOGY & CYBER FORENSICS

Cyber Stalking

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 MODULE 13 : CYBER STALKING

Component - I - Personal Details

Role Name Affiliation

Principal Investigator
Paper Coordinator
Content Writer/Author(s)
Prof(Dr) G S Bajpai Registrar
National Law University
Delhi
Prof(Dr) K. Jaishankar Professor and Head,
Department of Criminology,
Raksha Shakti University,
Ahmedabad, Gujarat
1. Prof(Dr) K. Jaishankar 1. Professor and Head,
Department of Criminology,
Raksha Shakti University,
Ahmedabad, Gujarat

2. R. Rochin Chandra 2. MPhil Scholar,

Content Reviewer
Department of Criminology,
Raksha Shakti University,
Ahmedabad, Gujarat
Dr. Akshat Mehta Associate Professor and
Head, Department of Police
Administration, Raksha
Shakti University,
Ahmedabad, Gujarat

Component - I (B) Description of Module

Description of Module
Subject Name Criminology
Paper Name Cyber Criminology and Cyber Forensics
Module No. 13
Module Name/Title Cyber Stalking
Pre-requisites Internet, Cyber Crimes, Stalking, Women.
Objectives  To understand cyber stalking and the types of
stalkers.
 To examine the cyber stalking victimization of
men.
 To understand the response of criminal justice
system towards victims of cyber stalking.
 To learn how to safeguard from cyber stalking.

Keywords Cyber Stalking, Cyber Stalkers, Men Victims, Female

Stalking, Abusive Women.

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Table of Contents
1. Introduction
2. Definition of Cyber Stalking
3. Types of Stalkers
4. What are the sections under IPC that deal with Cyber Stalking?
5. Cyber Stalking and its Myths – Reversed
6. Female Stalking vis-à-vis Men Victimization
7. Law Enforcement’s Response to Men Victims of Stalking
8. Summary and Conclusion

Learning Outcomes
After completing this module, you will be able:
1. To understand the concept of cyber stalking
2. To understand why individuals stalk
3. To identify the nuances in patterns of victimization of men
4. To understand the response of CJS to victims’ of cyber stalking

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 Cyber Stalking
1. Introduction
Cyber stalking is a fundamental extension of traditional stalking, which aims at
causing trepidation to the victims through repeated and persistent intrusive pursuits through
online media. What mainly distinguishes cyber stalking from conventional stalking is the
transition of stalkers from physical space to cyberspace. This transition, in many ways, offers
an ideal playground for the stalkers to perpetrate their unwanted pursuit behavior and also
allow them to gain leverage over the victims. This is especially true of the stalkers, because
they may always conceal their identities, avoid the risk of detection and, gain control over
their targets as they pursue them.

Source: now-static.norton.com/now/en/pu/images/Non-Product/Misc/pull_quotes/img_cyberstalkers_242x170.png

While a majority of victims of cyber stalking comprise of women, it is important to

note how this phenomenon impacts the individual lives of such population. A growing
number of scholars argue that cyber stalking creates [in victims] a fear for personal safety and
security, anxiety for the future and loss of quality of life. Whereas, a review of recent
literature on cyber stalking indicate that victims often experience a feeling of uncertainty and
unpredictability due to uncontrolled acts of the stalkers [who intrude into their lives in a
random fashion], thereby, making it difficult for the victims to re-establish a normal life
(Basu & Jones, 2008).

2. Cyber Stalking – Defined

While there is no universally accepted definition of cyber stalking, the term generally
refers to using internet and other telecommunication technology to harass or menace another
person. Although stalking as an abnormal behavior has existed for decades, it is only recently
that legal system has codified its presence in the statutes. According to Crown Prosecution

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Services of UK: “Cyber stalking generally takes the form of threatening behaviour or
unwanted advances directed at another using internet and other forms of online
communication. Cyber stalkers can target their victims through chat rooms, message boards,
discussion forums, and email. Cyber stalkers can be carried out in a variety of ways such as:
threatening or obscene emails; spamming; live chat harassment or flaming (online verbal
abuse); leaving improper messages on message boards or in guest books; sending electronic
viruses; sending unsolicited emails, and electronic identity theft amongst other.”
In India, there was a huge confusion regarding what constitutes cyber stalking. But
then, Jaishankar and Halder created a functional definition of ‘cyber stalking’ in 2010 (p. 12),
which is as follows: ‘In one word, when ‘following’ is added with ‘Mens rea’ to commit harm
and it is successfully digitally carried out, we can say that cyber stalking has happened
(Halder, 2015).

Source: https://ipredator-educationviewsor.netdna-ssl.com/wp-content/uploads/cyberstalking-
prevention-stalking-online-vulnerability-assessments-internet-safety-tools-internet-safety-checklists-cyber-attack-
risk-assessments-ipredator-michael-nuccitelli-authored-image.png

3. Types of Stalkers
While there are different types of stalkers, each stalk for different reasons and the
intensity of their abusive behavior may range from relatively minor behavior such as leaving
unwanted messages or gifts for the victim, to more serious actions such as following,
threatening or assaulting the victim. In "A Study of Stalkers" by Mullen et al. (2000) five
types of stalkers were identified:
1. The rejected stalker makes up the largest group type. The stalking behavior from
this group is usually the result of an ended relationship with a romantic partner. These also
could be the result of relationships broken with mothers, friends or co-workers. Many of these
stalkers tend to suffer from personality disorder and are ambivalent about reconciliation and

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revenge. This group uses a lot of methods for their stalking including a high incidence of
telephone harassment.
2. The intimacy seeking stalker has a desire to be intimate with someone and usually
has determined that their victim is their true love. This group of stalkers seems to be the most
persistent.
3. The incompetent stalker tends to lack normal social skills and know-how for a
appropriate courtship but hope that their persistence and stalking will lead to intimacy. They
know that their feelings are not being reciprocated but believe that they are entitled to a
relationship. This type of stalker has usually stalked before.
4. The resentful stalker intends to frighten and worry their victim. These usually hold
a grudge against the victim or have picked a person at random because of their own
unhappiness. These stalkers are most likely to threaten and harm their victims.
5. The predatory stalker is the most notorious group of stalkers. This tends to be the
smallest group and almost always is comprised of men. These are usually preparing for a
sexual attack and are enjoying a power surge they get from their stalking. Many of these
stalkers have a prior record or conviction on sexual offense charges.

Source: https://image.slidesharecdn.com/cyberstalking2-110604095945-phpapp01/95/cyberstalking-5-
728.jpg?cb=1307181650

4. What are the sections under IPC that deal with cyber stalking?
In India, there were no cyber stalking laws until 2013. Presently, stalking is an
offence under 354D of Indian Penal Code. It was inserted in IPC, as a result of expansive
amendment to the criminal law in 2013 after the grisly Nirbhaya Case. The current law is a

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mix of online and offline stalking and the punishment that it offers expanded from 1 to 3
years along with fine. Despite these inclusions, stalking (as prescribed under law) still has
inherent flaws in its definition; which are stated as follows:
IPC defines Stalking as: -
1. Whoever follows a person or contacts or attempts to contact such person to foster
personal interaction repeatedly despite a clear indication of disinterest by such person; or
2. Whoever monitors the use by a person of the internet, email or any other form of
electronic communication or watches or spies a person in a manner that results in fear of
violence or serious alarm or distress, in the mind of such person or interferes with the mental
peace of such person, commits the offence of stalking.”
In the above definition, clause (2) is little problematic. Let’s understand how:
Suppose Mr. A is an active Facebook user. He is blocked by Ms. B for some reason.
He nonetheless creates another account on Facebook and is able to follow Ms. B’s posts,
comments and replies. Now here, is Mr. A monitoring the use by Ms. B of the Internet??
Quite possible, but the term ‘monitor’ is open for interpretation. It has not been defined under
the provision. The dictionary meaning of “monitoring” is to “observe and check the progress
or quality of (something) over a period of time” or “keep under systematic review”.
Conversely, it is important to note how this law can cause trouble for the women
section. That is (to say) when women follow someone with no harmful intention, then,
whether their act was reasonable (or justifiable) will not be determined by the investigation
officer. It has to be justified by the women. The onus is on them. The legal process may begin
as soon as (some) Mr. A can establish that (some) Ms. B monitored his use of Internet (for
more details please go through the module on IPC and criminal law amendment 2013).

5. Cyber Stalking and its Myths – Reversed

In recent past, researchers have conducted a number of surveys to examine the dynamic
relationship between the cyber stalker and the stalking victim. Interestingly, these surveys
reveal that men and women engage in cyber stalking behavior in equal measures.
However, the most recent studies stand in bright contrast to the above findings; they
reflect upon the augmenting figures of male victims of stalking, who were found to be stalked
by their intimate and former-intimate female partners.
While stalking has often been known to be masculine, the arrival of Internet has
arguably reversed this notion and has allowed the women to overpower their male
counterparts. In simple words, female stalkers have also proved themselves to be a formidable
and combative opponent.

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 The societal reaction to the victims of cyber stalking is but depressing. While female
victims of stalking generally gain sympathy of the society, the mainstream media outlets and
woman advocacy groups often stand mute and show complete disregard to men victims of
abusive women. Even worse, women stalking behavior is typically portrayed as ‘funny’ and
‘cute’; when the same behavior is exhibited by a man, he is portrayed as menace to the
society who should be dealt with by police.

Source: https://ifiruledtheinternet.files.wordpress.com/2013/07/cyberstalking2.gif

6. Female Stalking vis-à-vis Men Victimization

The victimization of men in the hands of female cyber stalkers manifests in two
distinct phases, viz., a) After the desertion of a consensual romantic relationship and, b)
Within the intimate relationship.
A growing number of media reports suggest that men fall victims to cyber stalking
predominantly after the termination of an intimate relationship with their female ex-partner. It
is generally because the stalkers feel a wind of rage and frustration due to their inability to
accept the rejection. Hence, amidst serious emotional distress, cyber stalking serves as a
prime substitute to the stalkers aggravation.
Latest studies on cyber stalking indicate that female stalkers often pursue the victims
with an object to reconcile the strained relationship. But, on discovering the intimate
relationship of their former partners with someone else, [they] develop a strong sense of
jealousy and betrayal. This situation however largely motivates the female stalkers to take
revenge over their ex-partners.
In similar breath, the response of the victim to these unwanted advances also stands
important to the target. To be sure, it literally enables the stalker to choose her course of
action. For instance, if the stalker experiences negative response such as rejection or
abandonment from the target, it is possible that they might switch to numerous vengeful
pursuits like making persistent phone calls which are intended to threaten the victims; leaving
unwanted messages at their Facebook page; sending inappropriate emails; creating fake

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profile to lure them into communication again; and using surveillance devices (wireless
hidden camera) to keep to a close eye on the victim’s movement etc.
Similarly, women in an intimate relationship may also exhibit higher propensity to
invade the private space/information of their loving partners. In fact, they may behave more
rigid or possessive - which is often considered as normal female insecurity in our
contemporary society. For example, the female stalker may scour through the victim’s friends
list and check their recent activities log such as friendship notifications. In extreme situations,
female stalker might even hacks through the password and read e-mails without the
permission of their male counter parts. Often times, such random intrusions are deliberately
done in order to challenge their male counterparts - sometimes even to the extent of
compelling them - to prove their integrity by sharing passwords of email, SNS, desktop
accounts respectively.
In addition to that, there have been instances where movie stars from the western world
or celebrities were harmed or murdered by their obsessed fans; but this form of stalking does
not form a regular feature and constitute a very modicum number such stalkers.
Thus, on comparing both the forms of victimization through the lens of cyber stalking,
it is reasonable to say that the latter is more devastating in nature – it magnifies the use force,
control and dominance over victim to extract private information.

7. Law Enforcement’s Response to Men Victims of Stalking

Stalking of men has seldom gained recognition in the eyes of the criminal justice
system. In fact, it is yet to be afforded the same degree of seriousness as in the case of female
victims of male stalkers, not to mention the tendency of men to underplay the gravity of
female stalking.
One of the prime reasons which leave the men victim bereft of sympathy by the justice
delivery system is the lack of ‘believable rationale’. Media reports unveil that men victims of
stalking (be it offline or online) are often subjected to derision and insensitivity by the law
enforcement, while the latter also challenge the verity of their claim and confront them with
indifference and skepticism. Moreover, men victims’ claim that their complaints are rather
trivialized or dismissed - causing them deep despair.

8. Summary and Conclusion

This module dealt with Cyber Stalking. It provided with the typology of stalkers, IPC
sections on cyber stalking and some myths about cyber stalking. Let’s now see how to
safeguard one from cyber stalking. There are many ways in which one can safeguard from

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cyber stalking. At personal level, one can limit the usage of social networking sites like
Facebook, MySpace, etc., and avoid giving identifying information in their profile. The use of
security features to allow only known friends and associates access your profile is also one of
the popular responses to prevent cyber stalking.

Source: https://s-media-cache-ak0.pinimg.com/originals/15/d2/61/15d26193a3fed4c77701667421e9d320.jpg

Further, a substantial number of studies on routine activity theory suggest that

refraining from giving out one’s personal information and choosing a gender-neutral user
name and mail address when communicating might also inhibit the stalkers to make
inappropriate advances. This is especially true because the target might appear less attractive
to them – someone who is less worthy/ favorable of pursuing.
At secondary level, one may always tell their friends that they do not want them posting
any of their pictures or information on their social networking sites. The use of computers
with anti-virus and anti-spyware software has also proved to be an effective measure to curb
the possibilities of cyber stalking.
Finally, finding out one’s accessibility on the Internet by searching for their name on
search engine – like Google, Yahoo – has been a successful remedy. It nonetheless assists a
[potential] victim/ target in knowing what information is available on the Internet about that
person. Similarly, avoiding online provocation and (now common) digital flirting has also
evidenced not to attract unwanted attention from unwanted suitors.

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References
Basu, S., & Jones, R. (2008). Regulating Cyber Stalking. In: F. Schmalleger and M. Pittaro.
(Eds.), Crimes of the Internet (pp.141-165). Upper Saddle River NJ: Pearson Prentice
Hall.
Cashmore, P. (2013). The police laughed when I said I had a woman stalker. But she's cost
me my home, my girlfriend and my sanity. Mail Online. Retrieved from:
http://www.dailymail.co.uk/femail/article-2274705/The-police-laughed-I-said-I-
woman-stalker-But-shes-cost-home-girlfriendsanity.html#ixzz4hO ezotWK.
Chandra, R. R., & Jaishankar, K. (2015). Men as Victims of Online Crimes. Presentation at
15th International Symposium of World Society of Victimology held at Perth,
Australia on 5-9 July 2015.
Female Stalkers, Part 1: What is Stalking and Can Men Be Stalked by Women? (2011).
Retrieved from http://shrink4men.com/2011/02/08/stalking-part-i-what-is-stalking-
and-can-men-be-stalked-by-women/
Halder, D., & Jaishankar, K. (2010). Cyber Victimization in India: A Baseline Survey Report.
Tirunelveli, India: Centre for Cyber Victim Counselling. Retrieved from
http://cybervictims.org/CCVCresearchreport2010.pdf.
Halder, D. (2015). Cyber Stalking Victimization of Women: Evaluating the Effectiveness of
Current Laws in India from Restorative and Therapeutic Jurisprudential Perspectives.
Temida, DOI: 10.2298/TEM1504103H.103-130.
Merritt, M. (n.d.) Straight Talk About Cyber Stalking. Retrieved from
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Mullen, P. E., Pathe, M., Purcell, R., & Stuart, G. W. (1999). A Study of Stalkers. American
Journal of Psychiatry. 156, 1244-1259
Mullen, P. E., Pathe, M., Purcell, R., & Stuart, G.W. (2001). A Study of Women who stalk.
American Journal of Psychiatry. 158. pp. 2056-2060
The anti-rape bill and its problematic definition of stalking. (2013). Retrieved from
http://www.firstpost.com/india/the-anti-rape-bill-and-its-problematic-definition-of-
stalking-671184.html.
Tips for preventing cyber stalking. (n.d.) Retrieved from
https://in.norton.com/cyberstalking/article.

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