Cyber stalking cases in India

Cyber stalking

Cyber stalking refers to the act of using electronic communication technology, such as the internet or social media platforms, to harass, intimidate, or stalk someone. It involves repeatedly sending unwanted messages, threats, or explicit content, monitoring someone’s online activities, or using personal information to harass them online.

In India, cyberstalking is considered a criminal offense under the Information Technology (IT) Act, 2000, specifically under Section 354D. According to this section, any person who stalks or causes annoyance to another individual through electronic communication can be punished with imprisonment for up to three years for the first offense, along with a fine. For subsequent offenses, the punishment can extend up to five years of imprisonment, along with a fine.

In addition to the IT Act, other relevant sections of the Indian Penal Code (IPC) may also apply in cases of cyberstalking. For instance, Section 509 of the IPC deals with the offense of using words, gestures, or acts intended to insult the modesty of a woman. If such actions occur online, they can be treated as cyberstalking and can be punished with imprisonment for up to three years, along with a fine.

There have been several notable cases of cyberstalking in India.

Here are a few examples:

1. The Shilpa Shetty case: In 2014, Bollywood actress Shilpa Shetty filed a complaint against an unknown person who was relentlessly cyberstalking her. The person created a fake Twitter account in her name and posted derogatory and defamatory content. The Mumbai Police Cyber Cell investigated the case, and the accused was later arrested.
2. The Varnika Kundu case: In 2017, Varnika Kundu, a DJ in Chandigarh, was stalked by Vikas Barala, the son of a prominent politician. The incident gained significant media attention and sparked a national debate on women’s safety. The accused was charged with multiple offenses, including stalking and attempted abduction.
3. The Nirbhaya case: While the Nirbhaya case primarily involved a brutal gang rape in 2012, it also highlighted the issue of cyberstalking. The perpetrators, before the incident, stalked and harassed the victim through phone calls and text messages. This case led to widespread outrage and resulted in significant legal reforms related to crimes against women.
4. The Malvika Joshi case: In 2016, a 21-year-old student named Malvika Joshi filed a complaint against a man who had been stalking her online for months. The accused, who claimed to be a software engineer, created multiple fake profiles on social media platforms and sent explicit and threatening messages to Malvika. The case shed light on the issue of cyberstalking and the need for stricter laws to combat such crimes.

These are just a few examples, and there have been numerous other cases of cyberstalking in India. It is essential to raise awareness about this issue, encourage victims to report such incidents, and ensure that proper legal action is taken against the perpetrators.

How to protect yourself from cyberstalking

Here are some preventive measures:

1. Be cautious with personal information: Avoid sharing sensitive personal information, such as your address, phone number, or financial details, on public platforms or with unknown individuals online. Be mindful of the information you share on social media and adjust your privacy settings to limit access to your personal data.
2. Use strong and unique passwords: Create strong, complex passwords for your online accounts and avoid using the same password for multiple accounts. Regularly update your passwords and consider using a password manager to securely store them.
3. Be mindful of your social media presence: Review your social media profiles and adjust privacy settings to control who can see your posts and personal information. Be cautious about accepting friend requests or connections from unknown individuals. Avoid sharing your location in real-time or posting vacation plans, as it can make you more vulnerable to stalking.
4. Secure your devices and accounts: Keep your devices, including computers and smartphones, updated with the latest security patches and antivirus software. Enable two-factor authentication (2FA) for your online accounts whenever possible to add an extra layer of security.
5. Be vigilant of phishing attempts: Be cautious of suspicious emails, messages, or links from unknown sources. Cyberstalkers may use phishing techniques to trick you into revealing personal information or gaining access to your accounts. Avoid clicking on suspicious links and verify the authenticity of emails or messages before responding.
6. Report and block: If you experience cyberstalking or harassment online, report the incident to the relevant platform or website. Most social media platforms have reporting mechanisms in place. Additionally, consider blocking the individual responsible for the harassment to limit their access to your online presence.
7. Maintain a record: Keep a record of any harassing or threatening messages, posts, or emails you receive. Take screenshots or save copies as evidence, as this information can be useful if you decide to report the cyberstalking incident to the authorities.
8. Stay informed: Keep yourself updated about the latest cybersecurity practices and online safety tips. Educate yourself about the risks and potential threats associated with online interactions, and share this knowledge with family and friends.