SAMAJIK NYAY SUTRA CYBERBULLYING & ONLINE HARASSMENT

Why this matters?

Online abuse — from threatening messages and trolling to non-consensual sharing of intimate images and doxxing — destroys people’s dignity and safety. Indian law now provides clear criminal, data protection, and remedial routes to stop abuse, punish offenders, and seek compensation. Below is a practical, legally accurate guide you can use or share.

Key criminal provisions you must know:

• Sexual harassment / sexually colored remarks — Section 75 BNS criminalizes unwelcome sexual advances, showing pornography against will, or making sexually colored remarks; punishable (see section text for exact terms).

  
  

• Voyeurism / non-consensual capture & dissemination of intimate images — Section 77 BNS penalizes watching/capturing a private act or disseminating such images; first conviction carries a minimum term (statute sets sentencing bands).

  
  

• Stalking (including online monitoring) — Section 78 BNS criminalizes following, repeatedly contacting, or monitoring a person’s internet/email/online use despite clear disinterest; penalties increase for repeat offenses.

  
  

• Insulting modesty/intrusive acts — Section 79 & adjacent sections criminalize words/gestures intended to insult or intrude on privacy.

Key cyber / privacy provisions (Information Technology Act, 2000 & Data Law)

• Section 66E, IT Act — Punishment for violation of privacy (capturing/publishing/transmitting image of private areas without consent): imprisonment/fine options are provided under the IT Act. This is used widely for non-consensual image sharing.

  
  

• Section 67, IT Act — Publishing or transmitting obscene material in electronic form is an offence (penalties include imprisonment and fines).

  
  

• Section 72A, IT Act — Disclosure of personal information in breach of lawful contract (punishable where an intermediary or service provider shares data in breach of duty).

  
  

• Digital Personal Data Protection Act, 2023 (DPDP Act) — imposes duties on data fiduciaries (apps, platforms) to process data lawfully and implement security safeguards; gives data principals (users) a grievance route and potential compensation for harms caused by wrongful processing. See obligations (e.g., Section 17) and right to grievance/compensation (e.g., related provisions).

What kinds of conduct are covered (examples)

• Persistent abusive messages, threats, or doxxing (posting home addresses/contacts).

• Non-consensual sharing of intimate photos or deepfakes.

• Repeated unwanted contact, tracking or monitoring of someone’s online activity.

• Sending obscene material or pornography to someone without consent.

• Service providers leaking or selling user data to third parties leading to harassment.

  
  

All the above can attract BNS criminal liability, IT Act offences, and data-protection remedies depending on facts.

Practical, step-by-step — what to do if you’re a victim (do this immediately)

1. Preserve evidence (do not delete)

• Screenshots of chats/posts/comments (include timestamps).

• URLs, social media profile links, message IDs.

• Call logs, recorded threatening calls (if law in your state allows recording), bank/UPI statements (if extorted).

• Save the original files; don’t circulate them further.

2. Take quick technical steps

• Block the abuser, change passwords, enable 2FA.

• On Android/iPhone: revoke app permissions (camera/gallery/contacts) if a malicious app is suspected.

• If extorted for money, contact your bank to stop debits and freeze accounts if needed.

3. File an online complaint — fastest route

• Use the National Cyber Crime Reporting Portal: https://cybercrime.gov.in (you can report cybercrime category: women/children related or other cybercrimes). Helpline: 1930 / 112 for emergency referral. Complaints registered here reach the State/UT police cyber-cells.

4. File an FIR at the local police station

• Present the evidence and ask the officer to register offences (BNS sections for stalking/voyeurism/sexual harassment, and IT Act sections as applicable). If police refuse, note the officer’s name and time — you can escalate to the Superintendent or approach the Magistrate/High Court.

5. Send a takedown & grievance to the platform

• Report the content to the social network / app via the platform’s abuse/report tool (use the “report abuse” links on cybercrime portal too). Intermediaries have notice & takedown procedures — reporting speeds up removal.

6. Data / civil remedy

• File grievance under DPDP Act against the platform/data fiduciary for failure to protect your data (right to compensation & grievance redressal).

  
  

7. Consumer / regulator complaints (platform negligence)

• If a service (app/platform) negligently leaked your data or failed to remove abuse, consider a consumer complaint (deficiency of service) or report to regulator (if payment/banking channels involved).

8. Get legal help / shelters

• Contact local NGOs, women’s helpline (181), or legal aid for immediate shelter and court petitions (injunctions, interim relief).

What you can expect police to do (and what to insist on)?

• Register FIR for cognizable offences (stalking, voyeurism, intimidation). BNS explicitly criminalizes online stalking and voyeurism; police should act on credible complaints.

• Takedown requests to platforms & tracing/identification through cyber-cells.

• Investigative actions (seizure of devices, server logs through legal process) — ask for a case/complaint number and copy.

• If the police delay/unreasonably refuse, escalate to SP/High Court and attach evidence of the cybercrime portal complaint (portal complaint numbers help).

Evidence & drafting tips (useful when you file a complaint)

• Make a chronology of events (date/time, message summary, screenshots reference).

• Keep a copy of your cybercrime portal complaint number — attach it to any police or court petition.

• If a platform delays takedown, include the platform response in your complaint — that strengthens a DPDP / civil claim.

  
  

Common myths — corrected

• “Online abuse is minor — police won’t act.” — Wrong. Modern laws (BNS + IT Act + DPDP Act) treat serious online harassment as criminal and grant police power to act.

• “You must file only at the place the offender lives.” — Not required for cyber offences; file where you reside or on the national portal (portal complaints are routed to correct jurisdictions.

VIDHIGYATA INSIGHT:

> “The digital world is not a lawless space. Every abusive message, every threat, every leaked image is a legal offence. Your dignity online is as protected as it is offline — act fast, report boldly, and let the law work for you.”