CYBERSTALKING LAWS AND VICTIM PROTECTION

Piyali Roy, Student, Shyambazar Law College

ABSTRACT

A new type of crime is taking over cyberspace that includes the tedious effort of individual trying to each other thereby, creating a feeling hey of threat in the mind of such other person. This new type of crime is popularly called “cyber stalking”. Cyberstalking leads to a series of harmful consequences, including identity fraud, sexual assault, and even murder. Cyberstalking is a growing concern in the digital age, characterized by the use of technology to harras, intimidate, or control individuals. Having emerged greatly from the internet and social media, the offenders now find it easy to perpetrate these crimes under cover of anonymity. 

Despite the grave outcomes associated with cyberstalking, the clarity regarding the sufficiency of legal measures and the protection provided to victims remains uncertain. This paper seeks to explore perspectives on the criminalization of this offense, and the corresponding legal safeguards available to its victims.

Keywords:  Nature  of cyberstalking, its impact on victims, particularly women and children and the legal frameworks designed to protect them.

INTRODUCTION

Cyberstalking is defined as a criminal act were perpetrators utilize the internet or other electronic devices to target and monitor individuals. The term online harassment and online abuse are often used interchangeable with cyber stalking. This behaviour involves persistently harassing or threatening someone through repeated actions. Stalking can be look like following someone to their home or work, damaging their property, leaving threading messages or objects and calling over and over again  against their will. Cyberstalkers of an operate under the belief that their anonymity shelves them from explosure or consequences. In other words, the primary advantage of a cyberstalker lies in the anonymity offered by the internet, enabling them to monitor their victim activities without revealing their identity. These underscores the urgent need for advanced cyber tools to effectively investigate such crimes, strengthen defenses against them, and ensure justice is served for the victims.

NATURE OF CYBERSTALKING

Talking behaviour can stem from various psychological factors including extreme self admiration, dissatisfaction, resentment, anger, envy, obsession mental health disorders, a need for power and control, sadomasochistic tendencies, sexual deviance, internet dependency, or even religious extremism. These motivations can be categorised as follows:

Jealousy: A powerful driving force, particularly in cases involving ex-partners and their present relationships.

Infatuation: A stalker may become unrealistic on the victim when they feel attraction or an emotional connection. In such instances, the thin boundary between admiration and fanaticism frequently fades.

Erotomania: A type of delusional believe where the stalker believes that the victim is in love with them even though they are strangers or in some cases a public figure. This type of stocking usually is heavily sexual in nature.

Sexual harassment: Often a key motivating factor in cyberstalking, the digital world reflects the same behaviours that are found in the physical world.

Revenge Hatred: The stalker needs to exact revenge and carry hatered in her even if it has nothing to do with the victim, but the victim becomes their target. An easy way of sharing these emotions is available via the web.

IMPACT OF CYBERSTALKING ON VICTIMS

Cyber stalking is a serious crime today. Specialists indicate that sexual harassment often sparks these incidents, with around 90% of victims being women. The anonymity of the internet reveals people’s true behaviours and emotions. In many cases, the targeted individual has done nothing to provoke the stalker’s hatred or desire for revenge, yet they become the focus of the stalker’s obsession.

Victims of cyber stalking experience a wide range of emotions, from annoyance to deep fear. They often feel confusion, anger, anxiety, and may even contemplate suicide. Many struggle with insomnia or develop physical problems like headaches, acid reflux, or stomach ulcers, along with mental health issues such as depression or PTSD. In extreme cases, some may resort to suicide.

The COVID-19 pandemic increased internet usage among teens and young adults. As more activities shifted online, opportunities for cybercrimes, including cyber stalking, expanded. Research indicates that women and young adults aged 18-24 are often targeted, with approximately 20% of teens reporting experiences of cyber stalking. Studies also link higher instances of cyber bullying to increased gaming time, greater confidence with mobile devices, and existing mental health issues in certain individuals. Overall, advancements in technology have led to a significant rise in cyber stalking cases in recent years, supported by data and expert analysis.

CYBERCRIME AND TECHNOLOGY

Technology has a complicated role in cybercrime, acting as both an enabler for criminals and a tool for defense. On one hand, advances in technology have equipped cybercriminals with sophisticated tools for illicit activities such as hacking, phishing, identity theft, and malware creation. The prevalence of the internet, cloud storage, and connected devices has broadened the range of targets, making it easier for criminals to access sensitive information or disrupt critical services. Social engineering tactics are enhanced by social media, while anonymity tools like the dark web allow for illegal transactions, including the trade of stolen data or contraband. On the other hand, technology provides law enforcement and organizations with advanced tools to fight these crimes. Artificial intelligence, machine learning, and big data analytics can detect and predict cyber threats in real-time, while blockchain technology offers secure data transaction methods. Tools like encryption, firewalls, and multi-factor authentication act as barriers against unauthorized access. However, the rapid advancement of technology requires ongoing adaptation, as cybercriminals quickly exploit new vulnerabilities. Thus, while technology complicates the cybercrime landscape, it is also crucial for developing effective cybersecurity strategies to combat and prevent these threats.

CASES OF CYBERSTALKING AND CYBERBULLYING IN INDIA

Cybercrime has increasingly targeted women. In 2021, cybercrime accounted for just 0.86% of all reported crimes in India. According to the National Crime Records Bureau (NCRB), about four out of every one lakh people are victims of cybercrime, and one of those four is a woman. For the first time, the NCRB reported statistics on cyber stalking and cyberbullying against women and children in 2017, noting 542 incidents. A Microsoft report from 2018 revealed that India ranks third in the world for online harassment of children, after China and Singapore. In 2020, Maharashtra had the highest number of cyber stalking and bullying cases against women and children, with over 388 reports, followed by Andhra Pradesh with 145 cases. Overall, India reported 872 such incidents that year. In 2022, there was a significant rise in reported cybercrimes, totalling over 65,000 incidents, with Karnataka and Telangana having the most cases. Uttar Pradesh recorded 6,000 cybercrime incidents alone, while Karnataka was second, primarily involving fraud and sexual exploitation under the IT Act. That year, Maharashtra reported the highest incidents of stalking against women, with 52 cases, as well as the highest for children, followed again by Kerala with 30 reported cases. In total, India faced approximately 158 reported incidents of such mistreatment in 2022.

LEGAL FRAMEWORK

Various laws and international agreements impose sanctions for cybercrimes, primarily the Indian Penal Code (IPC) of 1860 and the Information Technology Act (IT Act) of 2000. The IPC serves as a broad framework for criminal offenses and penalties in India. Although its focus is on physical crimes, it has been adapted to address cybercrimes. Conversely, the IT Act specifically targets crimes involving technology. The 2008 amendments to the IT Act introduced additional provisions concerning cyber offenses. Both the IT Act and IPC complement each other, particularly in cases involving women and cybercrime.

Key Legal Provisions for Cyber Crimes Related to Sexual Harassment and Abuse in India:

 Information Technology (IT) Act,2000

 1. Section 66E     

Provision: Forbids capturing and electronically sharing images of a person’s private parts without their consent.   

Application: Focuses on the non-consensual sharing and harmful distribution of explicit images or videos.     

2. Section 67     

Provision: Makes it illegal to publish or share obscene material electronically.     

Application: – Covers graphic sexual abuse on social media or blogs, including trolling. – Involves sending emails or messages on social media with explicit content against someone’s will.    

3. Section 67A      

Provision: Criminalizes the publication or sharing of sexually explicit content electronically.     

Application: Similar to Section 67 but specifically targets sexually explicit materials.      

4. Section 67B       

Provision: Prohibits the electronic publication or sharing of material that depicts children in obscene or sexually explicit ways.      

Application: Focuses on combating the distribution of child pornography.

Indian Penal Code (IPC) 

1.Section 354A       

Provision: Addresses sexual harassment, including the non-consensual display of pornography towards women. 

Application: – Covers graphic sexual abuse on social media and blogs, including trolling. – Includes transmitting sexually explicit videos or images without a woman’s consent.      

2.Section 354C 

Provision: Addresses voyeurism, including: – Observing or capturing images of a woman in private acts without her consent. – Distributing such images without consent, even if the woman consented to the capture but not to the sharing.    

Application: Encompasses non-consensual creation and malicious sharing of sexually explicit images or videos involving women.    

3.Section 354D     

Provision: Covers stalking, including: – Following a woman or repeatedly contacting her despite her lack of interest. – Monitoring her online activities, such as internet use and electronic communication.     

Application: Specifically targets cyberstalking, acknowledging women as victims.       

4.Section 499       

Provision: Criminalizes defamatory actions that harm reputations. 

Application: While gender-neutral, it is applicable for women bloggers or social media users combating slander and libel.    

5.Section 507 

Provision: Criminalizes threats made anonymously.  

Application: Frequently invoked by women against online trolls who make threats while hiding their identities.     

6.Section 509    

Provision: Punishes words, gestures, or actions meant to insult a woman’s modesty.    

Application: Though it doesn’t directly address online abuse, it can be applied in cases of online sexual harassment.

SIGNIFICANT CASES

Shreya Singhal v. Union of India (2015)

The Supreme Court made a significant ruling by declaring Section 66A of the IT Act unconstitutional. This section had made it illegal to send offensive messages through communication services. The court found that it infringed upon the right to freedom of speech and expression, as stated in Article 19(1)(a) of the Constitution. This case is crucial as it established a precedent for safeguarding online expression and restricting government interference in digital communication.

C.B.I. v. Arif Azim (Sony Samant Case) (2003):

This case involved Arif Azim, who misappropriated credit card information from an American citizen while employed at a call centre. He faced charges under several IPC sections and the IT Act for unauthorized access and fraud. This case represents one of the first successful convictions for cybercrime in India, demonstrating how conventional laws apply to cyber offenses.

CONCLUSION

The connection between technology, cybercrime, and cybersecurity is intricate and ever-evolving, necessitating continuous focus. Technology equips cybercriminals with sophisticated tools to exploit vulnerabilities, yet it also underpins robust cybersecurity solutions. This dual aspect emphasizes the need for a balanced and proactive approach that leverages technology for defense rather than offense.To effectively combat cybercrime, it is crucial to combine advanced technologies, strong legal frameworks, and comprehensive awareness initiatives. Innovations such as artificial intelligence, blockchain, and machine learning have revolutionized cybersecurity, enabling real-time threat detection and prevention. However, the rapid pace of technological change demands adaptable policies and collaboration among governments, businesses, and individuals.    Studies show that while technology can aid cyber threats, it is equally vital for mitigating their impacts. The future of cyberspace depends on the responsible application of technology, fostering global cooperation, and ensuring that cybersecurity measures keep up with emerging technological trends. By addressing the challenges and possibilities that technology presents, society can create a secure and resilient digital environment.