Disha Dheeman, BALLB(H),3rd yr. SHRI RAMSWAROOP MEMORIAL UNIVERSITY
“The only thing that can stop a bad guy in internet is a good guy in internet”.
In 2016, India ranks among top 5 countries for Cyber Attacks risk. Due to digitalization of world Cyber Security become the hot topic of the year. Now, Cyber criminals are using many social sites or networking to target the Indian users. There are literally many ways in which a Cyber Crime can be easily prepared. i.e hacking, virus dissemination, phishing, cyber stalking, theft of identity or many more serious issues.
Cyber stalking is a practice of criminal or Cyber Crimes where an individual uses the internet for harassment or threaten someone. This can be done with many sources for ex. Through an email, chats, social media or by any other social media means. It may also be mentioned sometimes as internet stalking, e-stalking or online stalking.1
A Cyber Stalker is one who uses the internet for harassment or threating by the internet to stalk their victim without being detected. Generally Cyber Stalker divided into three categories:
- Delusional Cyber Stalker are usually loner. They are suffering from mental illness and they assume that the victim loves them even they never met to each other. They are very difficult to shake off.
- Common obsessional Cyber Stalker believes that their relationship is over.
- Vengeful Cyber Stalking is the next stalker, they are angry at their victim just because of some minor reason which may be either real or imagined.
Victims of Cyber Stalker are those who generally believes that they are on trusted sites or do not aspect to be fraudulently exploited. Almost 75% victims are female but it is also believed that sometimes men are also stalked.
Why Stalker increases?
There is not some certain reason for increasing the Cyber Crimes.
- Sometimes many people not knew why they have been targeted while they do not involve in such a matter, normally people do so for taking a revenge and people not know that who is doing these things to them.
- Next causes of increasing Cyber Stalker is obsession for love in which it is started from social media love. This stalking started from real life of the person and then move over to Cyber Crime. The foremost problem is personal information shared by one person to another and that is the main reason to make it easy for cyber stalker.
- Some harassment or stalkers showing off their talent and skills to themselves or their friends, they using it for their enjoyments and fun.
Case: Manish Kathuria is the India’s 1st case of cyberstalking and he was recently arrested by the Delhi police for stalking of an Indian woman named Ms. Ritu Kohli. Manish used some intolerable language and distributed her no. then she kept getting calls and messages from many people. Delhi police take an action and traced the calls. At the end, he held liable for an offence of sec 509 of IPC for outraging the modesty of women.2
Cyber laws in India3
IT (Information Technology) Act,2000 come into existence on 17th October, 2000. The IT Act amended in 2008 does not directly related to stalking but it dealt with the problem as “Intrusion on to the privacy of individual”.
Sec 72 of the Indian Information Technology Act, 2008 mentioned provisions for regulating cyber stalking in India.
Sec 43, Penalty and compensation for damage to computer, computer system etc.
Sec 66, computer related offences- if any person does any act dishonestly or fraudulent referred to in sec 43 then he shall be punishable with imprisonment for a term which may extend to 3 year, or with fine, may extend to 5 lacs or both.
Sec 67 mentioned the punishment for publishing or transmitting obscene material in the electronic form.
After the Delhi gang rape case, several new laws were introduced. By Indian parliament Sec 354D added in the criminal law amendment Act, 2013 to the IPC and it gave the definition and punishment of stalking which are as-
Sec 354D monitors the use by a woman of the internet, email or any other form of electronic communication, commits the offence of stalking shall be punished.4
There is some more provision under Sec463, Sec499, Sec503 of Indian Penal Code.
But despite having these provisions there must be separate laws not only for the cyber stalking even also should have for the cybercrime.
“The single biggest existential threat that is out there, is cyber”.
Cyber Crimes gradually increases day by day there is a need of laws related to cyber because it effects personally, socially, morally, civil and criminal as well. Now, we are living in digitalized world where all companies depend upon their social network, do commerce, businesses etc. it may also against property like stealing secret information and data, copy right, transmission of harmful programs, against govt. like hacking of government websites, computer viruses, cyber expression etc. so it requires legal infrastructure at time.
Internet has dramatical changed. There are no certain laws for those things on which we are depended too much, not justice. It should be the responsibility of us that what we are using on internet and how much it is safe for us, if we are not willing to change, don’t expect our life to either. There is a need of right based legal framework.
“It’s not a joke, it’s not romantic and it’s not okay. Stop stalking”.