CYBER STALKING

The Internet has become a medium for people to communicate globally in the course of
business, education, and their social lives. The users of Internet are growing day by day and
this increased use of internet has created an impact on the number of cases of
harassment/cyber stalking.

Definition: Cyber stalking is a form of computer related crime. Cyber stalking means when a
person is followed and pursued online, invading his/her privacy as his/her each move
watched. It may include threats, identity theft and damage to data or equipment and any other
form of repeated offensive behaviour.

Cyber stalkers need not have to leave their home to find or harass their targets and has no fear
of physical violence. They use internet, emails and other electronic communication devices to
stalk persons.1

Legal Scenario in India

Earlier there were no legislations under which cyber stalker could be booked but later with
the increasing cases of cyber stalking but later Information and Technology Act 2000 was
introduced and in the amendment of the Act in 2008 Section 66A was included which states,
Punishment for sending offensive messages through communication services etc. The
Section reads as follows:

Any person who sends, by means of a computer resource or a communication device,

(a) any information that is grossly offensive or has menacing character; or

(b) any information which he knows to be false, but for the purpose of causing annoyance,
inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill
will, persistently makes by making use of such computer resource or a communication
device,

(c) any electronic mail or electronic mail message for the purpose of causing annoyance or
inconvenience or to deceive or to mislead the addressee or recipient about the origin of such
messages, shall be punishable with imprisonment for a term which may extend to three years
and with fine.

The IT Act of 2008 does not directly addresses stalking but it deals more as an intrusion on to
the privacy of the individual than as regular cyber offences which are discussed in the IT Act
of 2008. The provision most used in case of cyber stalking in India is Section 72 of the IT Act
2008. Section 72 states Breach of confidentiality and privacy - Save as otherwise provided
in this Act or any other law for the time being in force, any person who, in pursuant of any of
the powers conferred under this Act, rules or regulations made thereunder, has secured access
to any electronic record, book, register, correspondence, information, document or other
1See Dr. Sapna Sukrut Deo CYBERSTALKING AND ONLINE HARASSMENT: A NEW
CHALLENGE FOR LAW ENFORCEMENT, 2013, p. 86-87
material without the consent of the person concerned discloses such electronic record, book,
register, correspondence, information, document or other material to any other person shall be
punished with imprisonment for a term which may extend to 2 years, or with fine which may
extend to 1 Lakh rupees, or with both.2

Even though we have legislations there are problems which are faced in their enforcement.
As Internet is a medium that can be accessed by anyone around the globe and hence the
offender may not be within the jurisdiction where the offence is committed. It means that the
very advantage of Internet i.e. its anonymous use itself can be its disadvantage when
enforcement of law is considered, also its cheap and easy access means that distance is no
obstacle for the stalker and hence the target can be from anywhere around the globe.

NATURE OF CYBER STALKING

There are many ways of committing cyber stalking computer stalking is one of the very
popular means by which the cyber stalker exploits the internet and the windows operating
system in order to assume control over the computer of the user. The cyber stalker can
communicate directly with the user as soon as the user computer connects to the internet and
assume control of the users computer. E-mail account of the user may also be used as a tool
for cyber stalking. Many cyber stalking cases begin from arguments that can take place in
chat rooms or news groups, cyber stalker may indulge in flaming wherein he may engage in
live chat abuse of the user.3

CONCLUSION

Due to threat or fear of getting abused in the society, nearly half of the victims try to move on
in their lives after considering it a bad dream. However, the issue of cyber stalking, being
very sensitive, must be addressed immediately as unlike in present condition if more cases
will be filed the offenders will hesitate to do such abuses. There is a general ignorance of
cyber stalking in the world among masses, hence it is essential that there should be awareness
among the people against this online abuse. Existing legal remedies to curb this should be
brought to the knowledge of the people.4

2 Shachi Sharma, Cyber Stalking, 2013, p. 147

3 ibid

4 ibid