How Can India Tackle Cyber Bullying? A Comprehensive Look at Legal Remedies

‘Cyberbullying’, according to cybercrime experts, is defined as “a hostile, deliberate act or an omission that is performed out by a particular person or group utilizing electronic forms of contact against a sufferer who is unable to safeguard himself or herself, repetitively and overtime.”

It can occur on social media platforms, messaging platforms, gaming platforms, and mobile phones. It is repeated behavior intended to frighten, anger, or shame those who are targeted. It includes everything from posting hurtful words, derogatory comments, and false information on public forums or blogs to threats to rape or kill.

The Information Technology Act was enacted solely to deal with issues relating to e-commerce

• Section 66A of the Information Technology Act, 2000, deals with the transfer of offensive messages through communication services, etc.
• Section 66C defines the punishment for identity theft.
• Section 66D of the IT Act deals with personation and the use of a computer resource to cheat.
• Section 66E of the IT Act deals with the punishment for violating someone’s privacy.
• Section 67 deals address the punishment for publishing or transferring obscene material via electronic means.
• Section 67A deals with the punishment for publishing or transferring material comprising sexually explicit acts, images, or other content through electronic means.
• Section 67B deals with the punishment for publishing or transferring material comprising sexually explicit acts, images, or other content which portrays children through electronic means

The following sections of the Indian Penal Code (IPC) deals with cyberbullying in one way or another:

• Section 292, which deals with the printing of inappropriate matter or matter for blackmail, states that the matter must be harmful to morality or measured to injure a person and that the perpetrator will be imprisoned for a maximum of two years, as well as be subjected to a fine.
• According to Section 354A, making or insisting sexually colored remarks, as well as being guilty of the crime of sexual harassment, as well as displaying pornography against the will of the women, are all subjected to punishment.
• Section 354C provides that a cyberbully can be prosecuted for taking photographs and can be held liable under this Section and other sections if he distributes or publishes the photographs.
• As per Section 354D, if a woman is stalked or attempted to be stalked by another person, such person can be held liable for three years for the first attempt and a maximum of five years for any later attempts.
• Section 499 addresses defamation, which is defined as, when a person, through verbal words or signs, creates or publishes something with the intent of harming the public image of another person. Defamation can be committed through electronic means as well and Section 500 talks about the punishment for defamation.
• Section 503 talks about the offence, where the person sends threatening messages through the mail.
• According to Section 507, criminal intimidation through any unidentified communication or means is prohibited, and the offender will be liable for up to two years in prison if he or she is found guilty.
• According to Section 509 of the Indian Penal Code, offenders who intend to disrespect the modesty of a woman by words or gestures, which can also be done through electronic means, by invading the privacy of the woman, will be punished with imprisonment for one year or a fine or both

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MS. SHILPA SHARMA
ASSISTANT PROFESSOR
SCHOOL OF LAW
LINGAYA’S VIDYAPEETH

Lingaya’s Vidyapeeth, stands as a premier law college in Delhi NCR for LLB and LLM degrees, ensuring a path to a brighter future. With a commitment to excellence, we provide a transformative legal education experience for aspiring legal professionals.

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