Cyberstalking, in laymen language can be defined as a form of harassment which is done electronically, such behaviors can include sending out harassing or threatening messages, emails, posting sensitive pictures or information of the victim without their permission, hacking into victims account, etc. In order to overcome such challenges and protecting the victims of cyberstalking, there are various provisions in the Information and Technology Act 2000 which protects the victims of cyberstalking.

This research paper focuses on the legality surrounding cyberstalking, which will start by giving a brief overview of cyberstalking laws in India, including an overview about how cyberstalking laws in India have developed over time with examination of provisions related to cyber stalking under the Information and Technology Act 2000 and Indian Penal Code (Amendments) as it is seen as one of the most common form of harassment done through electronic medium.

The research paper will also describe the challenges faced by individuals due to cyberstalking and how it affects them. On the other hand, judiciary plays a very important role in overcoming various issues faced by individuals, hence the research paper will elaborate on the role of judiciary in addressing cyberstalking in India.

The research paper will conclude by elaborating on the policy recommendation for strengthening cyber stalking laws in India, including public awareness and education on cyberstalking

Brief overview of Cyberstalking

Cyberstalking is a type of online harassment in which the individuals stalk or harasses another person or group over the internet or any other technological methods. Such type of harassment can include constantly sending emails, texts, messages etc that are threatening, sharing personal pictures/videos without your consent, hacking into e-mails, social media account etc.

Cyberstalking usually ends up affecting the victims mentally and emotionally, which later ruins the lifestyle of the individuals facing it. Victims feel stressed and anxious most of the time and feel like there is no escape to this issue as everyone says that once it is there on an online platform, it can never go away. Some victims might even face real world- threats and violence because of cyberstalking which invades an individual's private life and crosses a personal boundary.

Usually, the individuals try to hide their real identity while committing cyberstalking in order to flee away from it, but there are strict provisions enforced in order to protect the cybercrime victims under the Information and Technology Act 2000 and Indian Penal Code in order to provide a right to victims to seek protection from cybercrime that they are facing in their lives.

Despite the provisions mentioned under the acts, the victims of cyberstalking usually feel less confident in filing a complaint against it because of unfounded fear of feeling harassed by others or even fear of receiving threats from others, therefore it is necessary for individuals to know their rights against such crime in order to protect themselves and take a right stand for themselves.

In the late 1900's era the popularity of the internet began to spread worldwide, hence India also required the need for legal rules and regulations in order to protect themselves from cybercrimes.

Though initially the Information and Technology Act 2000 did not specifically focus on cyberstalking as at that time it gave more importance to other cybercrimes including hacking, spread of viruses, data leaking etc. In the Information and Technology Act 2000 initially before proper implementation of cyberstalking, there were provisions which prohibited the electronic publication or transmission of pornographic material, which could be considered regarding cyber-stalking as well.

Later a first and a major cyberstalking case was registered which shook the country in 2001. This case eventually led to changes in cyberstalking laws in India.

This case about a person, whose name was Manish Kathuria, he was using the name of Ms. Ritu Kohli, an Indian woman to engage in illegal online chats. He used a fair amount of foul and vulgar language, gave out her home phone number and asked the individuals to call her to conduct phone conversations. Consequently, Ms Ritu Kohli was receiving number of calls from different parts of India and outside from individuals to have inappropriate conversations with her.

She reported the crime to Delhi police, while still in disbelief, her case was filed under Section 509 of Indian Penal Code 1860, but this section only covered actions, statement and gestures per say, hence this specific case led to amendment in the act and later adding stricter provisions with reference to cyber stalking in India.

Therefore, cyberstalking is considered as one of the most serious offences, which eventually can impact mental as well as physical well-being of an individual. Over the time and technological advances, the intensity and the number of cybercrimes has increased over time. The offenders usually come up with various ways to get away with cybercrimes like cyberstalking, which eventually affect the accused and their hope of getting justice

Legal Provisions Related To Cyberstalking In India

The legal system in India provides a framework which protects the individuals from various criminal activities including cyberstalking. There are various provisions mentioned under the Information and Technology Act 2000 and Indian Penal Code which specifically provides protections to the individuals facing cyberstalking in India. These provisions are as follows -:

• Section 354D of the Indian Penal Code, 1860 makes stalking a punishable offence. According to this section, if an individual monitors the use of internet, e-mail or any other form of electronic communication, that person may face imprisonment for up to 3 years or a fine or both. This offence is bailable for the people committing it for the first time but not for the repeated offenders, who can face imprisonment for up to 5 years and a fine. (This specific clause was added in the Criminal Amendment Act 2013 following the Delhi gang rape case, it considers both physical and internet stalking)
• Section 292 of the Indian Penal Code, 1860 outlines what constitutes obscene materials. It is a crime for a stalker to send obscene content through social media, emails, or messages in order to degrade the victim. Cyberstalking is basically transmitting obscene content on the internet with the goal of the recipient reading, seeing or hearing it.
• Section 67 of the Information Technology Act, 2000 punishes stalkers who send or cause to send or publish obscene content or post on electronic media with up to three years in prison and a fine.
• Section 67A of the Information Technology Act, 2000 makes it illegal for anybody to send, cause to be sent, or publish any material that includes sexually explicit acts or conducts through electronic media. Penalties include up to five years in prison and a fine of up to five lakh rupees.
• Section 67B of the Information Technology Act, 2000 specifically focuses on stalking minors (below eighteen years of age) and releasing images of children engaging in sexual activities in order to terrorize the children.
• Section 66A of the Information Technology Act, 2000 made it illegal for anyone to send offensive information using any electronic device. Sending information that one suspected to be untrue was prohibited by law. If any social media post that was deemed to be offensive might result in three years in prison.
• Later this provision was struck down in the Shreya Singhal Case, which declared this provision unconstitutional and a violation of freedom of speech. It was held in this case that content removal obligations for web intermediaries would apply if a court or other government body issued an order.
• Section 507 of the Indian Penal Code makes it illegal for the stalker to attempt to conceal his name from the victim in order to keep them in the dark about the source of the threat. As such, it guarantees the very attribute of cyberstalking, namely, anonymity. If the stalker hides their identity, they will be held guilty under this section.
• Section 66E of the Information Technology Act, 2000 makes it illegal for anyone who willfully or negligently takes, publishes, or transmits an image of a person's private area without their consent, under circumstances infringing that person's right to privacy, shall be punished.

The above mentioned are mainly the provisions under our Indian law that are related to cyberstalking in India, in order to protect the individuals' facing issues related to cyberstalking.

Challenges Faced By Victims Due To Cyberstalking

The victims of cyberstalking often face a lot of emotional stress which affects them a lot mentally.

There are several challenges faced by victims due to cyberstalking, which are as follows:

1. Physical safety concern: Even though cyber stalking takes place online, it can have serious real-life physical safety problems as well. Victims may be concerned that the stalker may take their harassment offline, potentially leading to physical assault or violence. Such issues can lead to substantial anxiety and stress among individuals facing it. Victims can also feel insecure in their own houses, fearing that the stalker would discover their whereabouts and arrive unexpectedly. Stalkers can also target the victim's family and friends, raising additional safety concerns and stress.
    
2. Emotional and psychological impact: Cyberstalking can have serious emotional and psychological implications. Victims frequently live in continual fear of being observed or followed. This anxiety can be excessive, resulting in sleepless nights and an inability to concentrate on everyday chores. Continuous harassment can cause feelings of helplessness and despair. Victims may become socially isolated, lose interest in activities they formerly enjoyed, and, in severe circumstances, consider suicide. Trust issues can emerge with intimate friends and family, as well as strangers. Victims may develop paranoia, suspecting that everyone around them is engaged in stalking.
    
3. Impact on professional life: Cyberstalking can significantly damage a victim's work life as well. A stalker may attack the victim's workplace by sending threatening emails or distributing false information to coworkers or superiors. This can jeopardize the victim's professional reputation and result in job loss. The mental toll of stalking can make it difficult for the victims to concentrate at work, resulting in decreased productivity and performance concerns. Victims may be concerned that their stalker would physically hurt them at work, causing tension and anxiety.
    
4. Social isolation: The dread of being stalked can lead sufferers to social isolation. To avoid further harassment, victims may remove or deactivate their social media accounts. This might cause emotions of loneliness and isolation from friends and family. Victims may avoid public places in order to protect themselves, resulting in a restricted lifestyle and fewer social interactions. The victim's mental turmoil and dread can harm relationships with loved ones. The stalker's manipulation may also cause misconceptions between the victim and their social network.
    
5. Invasion of privacy: Cyberstalking frequently intrudes into their victim's personal lives, raising serious privacy concerns. Stalkers may hack into personal accounts, such as emails, social media profiles, and even banking information. This not only violates the victim's privacy but may also result in identity theft and financial damage. Stalkers may share or post the victim's private information, such as images, videos, or personal details, online. This can be extremely embarrassing and destroy the victim's reputation. Victims may feel under continual surveillance because the stalker is monitoring their internet activities. This can lead to a greater feeling of vulnerability.
    
6. Technological challenges: Stalkers frequently hide behind anonymous identities, making it difficult for victims and law enforcement to identify them. They may employ forged identities, VPNs, or other techniques to conceal their location and identity. Gathering digital evidence, such as screenshots, emails, and IP addresses, can be difficult. Stalkers may erase texts or employ encrypted communication, which complicates the evidence collection process. If the stalker resides in a different state or nation, legal action becomes even more difficult due to jurisdictional concerns. Cooperation between law enforcement authorities may be required, potentially delaying the investigation.

Role Of Judiciary In Overcoming The Issue Of Cyberstalking In India

The Indian Judiciary plays a critical role in addressing and overcoming cyberstalking. This specific role includes interpreting and enforcing laws, protecting the victim's rights and ensuring that justice is served in cases of cyberstalking.

The judiciary can grant protective orders, including restraining orders, to restrict the stalker from contacting or approaching the victim. These orders are vital in providing immediate relief to the victim and are legally enforceable. Courts can issue preventive injunctions to prevent the publications or distribution of harmful content online. These orders can compel social media platforms or websites to remove information and protect the victim from further harm.

The judiciary frequently takes precautions to protect the victim's identity during court proceedings, particularly in sensitive circumstances. This is critical for preventing additional victimization and maintaining the victim's safety and dignity. The court plays an important role in broadening and clarifying the concepts of cyberstalking and associated crimes. Courts have expanded the definition of what constitutes harassment or intimidation online, ensuring that regulations keep up with technological changes.

The judiciary is also constantly evolving its interpretations of legislations to address emerging types of cyberstalking. For example, as new technology and social media platforms develop courts modify their understanding and application of current statutes to address new cases of online harassment. The judiciary is responsible for balancing victim's rights with other legal norms, such as free speech and expression. This entails carefully considering each case's specific circumstances to ensure that all party's rights are protected.

India's judiciary has increasingly recognized the importance of specialized cyber law and cybercrime training programs. Judges and court officials are taught to grasp the technical component of cyberstalking, as well as the applicable laws and intricacies of digital evidence.

Various judicial academies and legal organization hold workshops and seminars to keep the judiciary up to date on the most recent advancements in cyber law and the issues posed by cyberstalking.

The judiciary helps to raise awareness of cyberstalking through Public Interest Litigations, which bring matters of public concern about cyber harassment and the need for tighter regulations before the courts. Courts also occasionally conduct outreach campaigns to educate the public about their rights and legal remedies in situations in cyberstalking. This involves offering recommendations or advisory options on how victims can obtain legal assistance.

The court plays an important role in determining the admissibility of digital evidence in cyberstalking cases. Courts guarantees that digital evidence, such as emails, social media posts, chats etc is properly authenticated and meets the legal admissibility requirements. The court emphasizes the need of preserving the chain of custody for digital evidence in court proceedings to protect its integrity and dependability.

Courts frequently advise law enforcement agencies on how to handle cyberstalking investigations, notably regarding the gathering, storage and presentation of digital evidence. In complex cases involving technical concerns, the judiciary may seek expert testimony from cybersecurity professionals to better comprehend the technical features of the evidence and its ramifications for the case.

The judiciary guarantees that those convicted of cyberstalking face suitable punishments, with the goal of discouraging others from participating in similar behavior. Sentencing may involve imprisonment, fines, and other punitive measures. In some situations, the judiciary may order that offender be rehabilitated, especially if they are first time offenders or of the court considers that rehabilitative measures will prevent future offences.

The court may order the perpetrator to pay the victim for any financial loss, emotional discomfort or harm incurred as a result of cyberstalking. This compensation is intended to restore the victim's sense of security and aid in their recovery from trauma. Courts may also mandate restitution which requires the offender to restore or rectify any damage caused by their acts, such as removing defamatory content from the internet or issuing public apologies.

The judiciary has the power to conduct judicial review to ensure the law enforcement authorities are successful enforcing cyber laws and respecting victim's rights. Courts can evaluate law enforcement acts to ensure that they follow legal standards and do not violate the rights of victims or accused individuals.

Hence, India's judiciary plays an important role in fighting cyberstalking by interpreting and implementing relevant laws, preserving victim's rights, and ensuring that the justice is served. The judiciary's decisions not only address specific cases, but also help to define legal principles and norms of dealing with cyberstalking situations. Furthermore, by working with other branches of government and engaging in international collaboration, the judiciary ensures a comprehensive strategy to addressing the difficulties posed by cyberstalking.

Policy Recommendation For Strengthening Cyberstalking Laws In India

Cyberstalking is becoming a more severe issue in India, aggravated by the rapid expansion of internet access and social media use. Despite existing regulation such as the Information Technology Act of 2000 and the Indian Penal Code, present legal frameworks frequently fall short of effectively addressing the intricacies of cyberstalking.

This has emphasized the critical need for stronger policies to protect victims and prevent perpetrators. Strengthening cyberstalking legislation through comprehensive legislative reforms, increased law enforcement capabilities, victim assistance mechanisms, and public awareness campaigns is critical to safeguarding India's digital safety.

Some of the policy recommendations for strengthening cyberstalking laws in India are as follows:

1. Creating a dedicated cyberstalking law with defined definitions, punishments, and victim protection procedures that encompass all forms of online abuse. Updating the Information Technology Act 2000 and the Indian Penal Code to cover modern kinds of cyberstalking, such as social media stalking, location monitoring, and deepfake technologies. Increasing the severity of sanctions for repeat offenders or cases involving kids, women, or the defenseless. Establishing mandatory minimum penalties for major crimes.
    
2. Creating dedicated cybercrime cells in all states with specialized training in managing cyberstalking cases, such as digital forensics and victim assistance. Offering law enforcement agencies ongoing training and resources on cyberstalking, online investigation techniques, and evidence collection.
    
3. Offering free legal assistance and psychological counseling to victims of cyberstalking, assuring prompt and effective assistance. Implementing secure and anonymous reporting systems so that victims can report cyberstalking without fear of retaliation. Making it easier to get digital protection orders, such as restraining orders, prohibiting online contact, or required account suspensions on the stalker's preferred platforms.
    
4. Forming collaborations with social media platforms and technology businesses to implement stronger content control policies, faster complaint response times, and technologies for detecting and blocking cyberstalkers. Implementing regulations forcing social media platforms to disclose cyberstalking occurrences to law enforcement and assist with investigations.
    
5. Launching public awareness programs to educate residents on the dangers of cyberstalking, how to secure their personal information online, and the legal options accessible to victims. Incorporating digital safety and cyberstalking prevention into school and college curricula, emphasizing safe online behavior and identifying indications of cyberstalking.
    
6. Establishing fast-track courts for cybercrime matters, such as cyberstalking, to speed up justice and eliminate backlogs. Training judges on the complexities of cyberstalking, such as the psychological impact on victims and the changing nature of digital crimes.
    
7. Enacting thorough data protection laws that restrict access to personal information, minimizing the likelihood of cyberstalking. Creating a legal provision that allows victims to request the removal of their personal information from internet platforms, safeguarding their digital safety and privacy.
    
8. Strengthening international cooperation agreements to handle instances if the culprit is located outside of India, thereby enabling extradition and information sharing.