H.

P NATIONAL LAW UNIVERSITY,

SHIMLA
ASSINGMENT
OF
LAW OF CRIMES
(CLOACKED BY CYBER SPACE: AN ANALYSIS OF CYBER
STALKING)

SUBMITTED TO:
SANTOSH KUMAR SHARMA
(Assistant Prof. of law)
SUBMITTED BY:
NAVISHA VERMA
[Link](HONS.)
3rd SEMESTER
ROLL NUMBER: 1020181960
Academic Year 2018-2019
ACKNOWLEDGMENT
Every project big or small is successful largely due to the effort of many people who have

always helped from behind for every successful work. This project has been completed not

only by my efforts but several others who have timely helped me at every step I moved

forward. I would like to thank my module tutor Santosh Kumar Sharma for giving this

opportunity to work on such an enlightening topic. I would also like to thank my family and

friends for providing me with full support, help and motivation at the time when I needed it

the most.

I Navisha Verma, the student of H.P. NATIONAL LAW UNIVERSITY (SHIMLA), am

extremely grateful to H.P. NATIONAL LAW UNIVERSITY (SHIMLA), for the
confidence bestowed in me and entrusting me of management principles.

I would also like to thank all the faculty members of H.P. NATIONAL LAW
UNIVERSITY (SHIMLA), for their critical advice and guidance without which this project
would not have been possible.

DATE –30th November 2019. Name – Navisha Verma

Contents
INTRODUCTION.....................................................................................................................................4
DEFINITION AND NATURE OF CYBER STALKING.....................................................................................4
DIFFERENCE BETWEEN OFFLINE AND CYBER STALKING........................................................................5
ANANLYSIS OF THE LEGAL FRAMEWORK...............................................................................................7
LEGAL FRAMEWORK IN OTHER COUNTRIES..........................................................................................9
CASE LAWS..........................................................................................................................................12
CONCLUSION.......................................................................................................................................16
 INTRODUCTION
The Internet, with its vast connectivity and ample resources, provides an easy platform for
committing crimes. Cyber stalking is one such abuse of the internet’s immense potential
which is the primary concern of this paper. Cyber stalking may occur when a person
consistently tries to contact another person with the intention of controlling the victim’s life
or instilling fear in them. It is true that even males can be the victims of this, but studies show
that majority of the victims are female. The Internet provides various means by which cyber
stalking can occur. It can be in the form of a persistent online communication, posting
messages on online platforms or chat groups which violate the victim’s privacy, or by
monitoring the online activities of the victim. As the use of technology increases it would
result in more incidents of cyber stalking happening and hence, legal systems across the
world have codified laws exclusively to handle cyber stalking. This project analyses the
different legislations passed across the world to tackle cyber stalking. With stalking itself
being a comparatively fresh offence in India, it has been a late entry into the field of cyber
stalking, with the first provision being made in 2013, in the form of Section 354 D of the
Indian Penal Code.1

DEFINITION AND NATURE OF CYBER STALKING

Cyber Stalking can be defined as a behaviour by which an individual or group of individuals
use internet and communication technology to harass another individual or group. It involves
engaging in a course of conduct, to communicate or causes to be communicated words,
images, or language through the use of electronic mail or electronic communication, directed
at a specific person, causing substantial emotional distress to that person and serving no
legitimate purpose. It includes online harassment by sending unwanted, abusive, or obscene
emails or communications or jeopardizing the system by sending computer viruses or even by
impersonating the victim in cyber space. Cyber stalking essentially violates the privacy of an
individual. Providing personal information about the victim on public online platforms, or
publishing altered or offensive pictures in online platforms also falls under cyber stalking.2

Cyber Stalkers generally into three categories:

1
Arunbaby Stephen, Comparative Analysis of Cyber Stalking Legislations in UK, US and India, 6 CULJ, 61, 62
(2017)
2
Arunbaby Stephen, Comparative Analysis of Cyber Stalking Legislations in UK, US and India, 6 CULJ 61, 63
(2017)
  Simple obsessional

In ‘simple obsessional’ stalker behavior, a prior relationship exists between the stalker and
the victim. The victim could be an acquaintance, colleague, or co-worker. The stalking begins
when the relationship has deteriorated or terminated or when the stalker feels he has been
mistreated. He attempts to restore the same level of intimacy or tries to harass the victim as
retribution. This type of stalking can turn out to be the most dangerous type.

 Erotomaniac

In case of an ‘erotomanic’ the subject believes that the victim loves him passionately when
they have not even met. This type of behavior does not result in any harm because the stalker
will have the best interest of the victim in mind.

 Love obsessional

In case of ‘love obsessionals’ they may not know the subject of obsession personally, usually
they become aware through media and their goal is to get their subjects to respond to their
expressions of love.3

DIFFERENCE BETWEEN OFFLINE AND CYBER STALKING

The main purpose of the stalker in both the type of stalking is same, i.e., the desire to exert
control over the victim but both differ in certain aspects.

 Anonymity - Anonymity is one condition which empowers human beings to do acts

which otherwise they would not dare to do because they feel they have protection of
the ‘veil of anonymity’.4 This condition is easily satisfied by cyber world where a
distinct identity can be created in a matter of minutes. Anonymity helps to overcome
inhibitions and inabilities of the stalker which would also prompt stalker to indulge in
harassing behavior which he otherwise would not have indulged in real life. It
becomes difficult for the stalker to hide his/her identity in case of physical stalking.5

3
NANDAN KAMATH, Cyber stalking a web of obsession, in LAW RELATING TO COMPUTERS INTERNET & E-
COMMERCE249 (Universal Publishing Co., 5 thed).
4
Merrit Baer, Cyberscapingand the landscape you have created15 Va. J.L. & Tech. 153, Fall, 2010, 156
5
Heena Keswani, Cyber Stalking : A Critical Study, MANUPATRA ( June, 2017),
[Link]
  Geographical location- While in physical stalking, the victim and the stalker
need to be in the same geographical location, in case of cyber stalking the acst can be
done from thousands of miles away. The easy and cheap access to internet due to
technological development improves the ability of the stalker to commit his activities
behind a veil of anonymity from a sfar-off place without ever being in the presence of
the victim. Cyber stalking from another country also makes investigation, collection
of evidence, and prosecution more difficult.
 Impersonation - Unlike in the offline world, in the cyber world the stalker can
easily impersonate the victim. The stalker can easily post inflammatory or obscene
messages in an online bulletin board under victim’s name which would result in
victim being at the receiving end of hate mails or lewd messages.
 Predictability - It is fairly predictable as the stalker follows the victim to his/her
house, workplace, etc. It becomes easy for the investigators to track down the
offender.
It is not easily predictable as the stalker uses cyber platform and there is no physical
confrontation. The stalker hides his/her identity making it difficult for the
investigators to trace down the offender.
 Risk - The stalker can monitor the activities of his/her victim in the real world as
well but it involves a high degree of risk that could make the stalker vulnerable to
criminal action.
The internet provides an opportunity for the stalkers to keep a check on the activities
of his/her victims such that the stalker may get into a discussion with the victim on
some discussion forum or chat rooms, or access his/her personal information by
tracking their virtual movement or even get direct access to details stored in the
victim’s computer.6 The risk is comparatively less as the identity of the stalker is
hidden.
 Intimacy - It becomes easy for the victim to understand the intentions of the stalker
in case of physical stalking as there is no false sense of intimacy.
Internet provides a feature of ensuring a false sense of closeness between the stalker
and the victim. This results in a misunderstanding of the stalker’s intention.6

6
Heena Keswani, Cyber Stalking : A Critical Study, MANUPATRA ( June, 2017),
[Link]
  Another fundamental difference between offline and cyber stalking is that in cyber
stalking, innocent third party can be incited to commit harassment. For instance, a
cyber stalker after being repeatedly rejected by the victim posed as the victim and
posted in an online discussion forum that she fantasized of being raped. He published
the name and address of the victim along with her phone number which resulted in
men arriving at her house on numerous occasions to fulfill her wish.7

ANANLYSIS OF THE LEGAL FRAMEWORK

INDIAN PENAL CODE, 1860

Stalking was legally recognised as an offence in India through S.354D of the Indian Penal
Code which was inserted through the Criminal Law Amendment Act, 2013. The provision
defines stalking in the following words:

“Any man who –

(i) follows a woman or contacts or attempts to contact such woman to foster personal
interaction repeatedly despite a clear indication of disinterest by such woman; or

(ii) monitors the use by a woman of the internet, email or any other form of electronic
communication

Commits the offence of stalking:

Provided that such conduct shall not amount to stalking if the man who pursued it proves
that-

(i) it was pursued for the purpose of preventing or detecting crime and the man accused of
stalking had been entrusted with the responsibility of prevention and detection of crime by
the state; or

(ii) it was pursued under any law or to comply with any condition or requirement imposed by
any person under any law; or

(iii) in the particular circumstance such conduct was reasonable and justified.8
7
Bill Wallace, Stalkers Find a New Tool--The Internet, S.F. CHRON., (Jul. 10, 2000), [Link]
bin/[Link]?file=/ chronicle/ archive/2000/07/10/[Link]
8
The Criminal Amendment Act, No. 13, 2013 (India)
Section 354D (2) makes the offence punishable with imprisonment for a period not exceeding
three years with fine in case of first conviction. It is cognizable and bailable at this stage but,
in case of second conviction, the punishment would be for a period of maximum five years
with fine. The offence would be non-bailable in the second chance.

It may be noted that the above provision was made specifically as a ‘women centric law’ and
the wordings of this law have put much emphasis on the infringement of privacy by way of
monitoring and stalking, which creates fear from violence, serious alarm or distress.

It therefore provides a three-dimensional explanation to stalking:

(i) despite her disinterest, physically persuading a woman repeatedly by conducting in such a
way that may create fear in her, may interfere with her peace of mind,

(ii) monitoring her digital whereabouts, communications, etc. by digital conducts which
create serious threat, alarm or interfere with her mental peace, and

(iii) spying or watching her to in order to pose a harm to her.9

THE INFORMATION TECHNOLOGY ACT, 2000

The IT Act was enacted with purpose with the purpose of recognizing electronic commerce in
furtherance of the United Nations Model law on Electronic Commerce. Prior to the 2018
amendment, Section 67 of the IT Act dealt with cyber stalking, it defines punishment for
publishing or transmitting obscene material in electronic form-

“Whoever publishes or transmits or causes to be published or transmitted in the electronic

form, any material which is lascivious or appeals to the prurient interest or if its effect is such
as to tend to deprave and corrupt persons who are likely, having regard to all relevant
circumstances, to read, see or hear the matter contained or embodied in it, shall be punished
on first conviction with imprisonment of either description for a term which may extend to
three years and with fine which may extend to five lakh rupees and in the event of second or

9
Debarati Halder, Cyber Stalking Victimisation of Women: Evaluating the Effectiveness of Current Laws in India
from Restorative Justice and Therapeutic Jurisprudential Perspectives, TEMIDA ( December, 2015)
[Link]
subsequent conviction with imprisonment of either description for a term which may extend
to five years and also with fine which may extend to ten lakh rupees.”10

The second provision which deals with cyber stalking is Section 72 of IT Act. It reads as-

Penalty for breach of confidentiality and privacy.-Save as otherwise provided in this Act or
any other law for the time being in force, if any person who, in pursuance 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 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 two years, or with fine which may extend to one lakh
rupees, or with both.

LEGAL FRAMEWORK IN OTHER COUNTRIES

UNITED STATES

Cyber stalking is a criminal offence under American anti-stalking, slander and harassment
laws. In the United States due to its federal nature there exist state laws as well as federal
laws which deal with problem of stalking. There are also three major Federal legislations
which deal with harassing behaviour. They are:

 Interstate Communications Act

 Federal Telephone Harassment Statute

 Federal Interstate Stalking Punishment and Prevention Act

The Interstate Communications Act prohibits interstate threats to harm another person. But
the condition is that threat must be to injure or kidnap a person. The communication should
be of such a nature that a reasonable person would take it of a serious nature. But the statute
fails to address cyber stalking which causes harassment without any threat of injury. In
10
Information Technology Act, 2000, Acts of Parliament, 2000 (India).
United States v. Alkhabaz, 18 the defendant posted violent sexual fantasies about one of his
classmate’s son, wherein the internet. Court held he has not violated the statute since there
was no element of threat in the communication.

The Federal Telephone Harassment Statute passed in 1934 was amended in 2006 to address
the problem of cyber stalking. The definition of Telecommunication devices was expanded to
include any device or software which communicates using internet. The statute imposes
imprisonment of two years for using a telecommunication device to annoy abuse or threaten
any person. However, the Act has some serious drawbacks the major one being the
requirement that communication must be anonymous. Secondly, the statute comes into play
only on a direct communication and fails to address the concept of third party harassment
incited by the Cyber Stalker. Some critics have also argued that the word ‘annoy’ in the Act
is overboard. The Federal Interstate Stalking Punishment and Prevention Act, 1996
specifically accounts for cyber stalking.

It prohibits any individual with the intent to injure, kill, harass, or cause substantial emotional
distress from using any interactive computer device to cause these. Initially one condition
was that the defendant should have travelled across state line which was removed by 2006
amendment. The statute is comparatively better than other federal statues because it does not
insist on credible threat requirement and nor does it apply only in case of anonymous
messages. However, the statute is ineffective in handling third party harassment.11

The first anti-stalking law was enacted in California in 1990, and while all fifty states soon
passed anti-stalking laws, by 2009 only 14 of them had laws specifically addressing "high-
tech stalking." The first U.S. cyberstalking law went into effect in 1999 in California.

CASES-

In the case of a fourteen-year-old student in Michigan, for instance, she pressed charges
against her alleged rapist, which resulted in her being cyberstalked and cyberbullied by
fellow students. After her suicide in 2010 all charges were dropped against the man who
allegedly raped her, on the basis that the only witness was dead. This is the despite the fact
that statutory rape charges could have been pressed.

11
Debarati Halder, Cyber Stalking Victimisation of Women: Evaluating the Effectiveness of Current Laws in
India from Restorative Justice and Therapeutic Jurisprudential Perspectives, TEMIDA ( December, 2015)
[Link]
In another case of cyberstalking, college student Dharun Ravi secretly filmed his roommate's
sexual liaison with another man, then posted it online. After the victim committed
suicide, Ravi was convicted in of bias intimidation and invasion of privacy in New Jersey v.
Dharun Ravi. In 2012 he was sentenced to 30 days in jail, more than $11,000 in restitution
and three years of probation. The judge ruled that he believes Ravi acted out of "colossal
insensitivity, not hatred."

UNITED KINGDOM (UK)

There is no specific legislation in UK which deals with cyber stalking as such. Instead there
are three major laws used to counter harassment which are also used in case of stalking.
Telecommunications Act 1984, Malicious Communications Act, 1988 and Protection from
Harassment Act 1997, are the three major statutes used to tackle the issue of stalking as well
as cyber stalking. The Telecommunications Act 1984, makes it an offence to send a message
which is inappropriate, threatening, or indecent. The 1988 Act, which is wider in its ambit is
an Act for punishing those who send letters or deliver articles for the purpose of causing
anxiety or distress. Section 1 of the Protection from Harassment Act 1997, states that, a
person must not pursue a course of conduct which amounts to harassment of another or which
he knows or ought to know amounts to harassment of other. Section 2A of the Act states that
in order to constitute stalking three conditions have to be satisfied:

1) Course of conduct

2) Course of conduct in breach of Section1 under the Act

3) Course of conduct which amounts to stalking.

The Harassment Act does not try to define stalking, instead in Section 2A (3) certain
activities which would amount to stalking are listed:

 Following a person

 Attempting to contact or contacting a person

 Publishing any statement or other material relating or purporting to relate to a person

 Monitoring the use of internet or electronic communication of any person

 Watching or spying on a person

 Interfering with property in possession of a person.12

AUSTRALIA

In Australia, the Stalking Amendment Act (1999) includes the use of any form of technology to
harass a target as forms of "criminal stalking." There are various law relating to stalking in
Australia namely-

 Australian Capital Territory : Crimes Act 1900, Section 35.

 Western Australia: Section 338D-E of Criminal Code Act 1913
 South Australia: Section 19AA of Criminal Law Consolidation Act,1935
 Victoria: Section 21A of Crimes Act 195813

PHILIPPINES

Section 282A- 282C of the Penal Code deals the offence of stalking.

POLAND

Stalking, including cyberstalking, was made a criminal offence under the Polish Criminal
Code on 6 June 2011.

CASE LAWS

MANISH KATHURIA CASE

The Delhi Police has registered India’s First Case of Cyberstalking in 2001 the reason for the
2008 amendment to the IT Act, where a lady named Ritu Kohli complained that a person who
was using her identity to chat over the Internet at the website [Link] was also
deliberately giving her telephone number to other chatters encouraging them to call Ritu
Kohli at odd hours. As a result of which, Mrs. Kohli received an estimate of 40 calls, national
as well as international, during odd hours within 3 days. A case was registered under section
509 of the Indian Penal Code (Word, gesture or act intended to insult the modesty of a
woman). The IT Act was not invoked in the case, since it had not come into force at the time

12
Protection of Harrassment Act, 1997, THE GUARDIAN (Jun. 9, 2009),
[Link] 09/jun/01/liberty-central-protection-
harassments
13
Rachel MacKenzie, Troy McEwan, Michele Pathe, David James, James Ogloff, Paul Mullen, Stalking Risk
Profile, [Link]
when the complaint was filed. While there is no record of any subsequent proceeding, this
case made Indian legislators wake up to the need for a legislation to address cyber-stalking.
Even then, it was only 2008 that Section 66-A was introduced.

Karan Girotra v. State

The only reported case till date to reach the judiciary on cyber-stalking is also merely an
application to grant anticipatory bail. This case dealt with a woman, Shivani Saxena, whose
marriage could not be consummated; as a result she filed for divorce by mutual consent. In
the midst, she came across Karan Girotra while chatting on the internet, who told her he
loved her and wanted to marry her. On the pretext of introducing her to his family, Girotra
invited Saxena over to his house, drugged her and assaulted her sexually. He continued to
assure her that he would marry her and began sending her obscene pictures from the night she
was assaulted. He also threatened to circulate the pictures if she did not marry him. As a
result, an engagement ceremony was performed between the two after which he continued to
assault her and eventually called off her engagement to her. As a result, Saxena filed a
complaint under Section 66-A of the IT Act. Though the Court rejected the plea of
anticipatory bail on the ground that nude and obscene pictures of Saxena were circulated by
Girotra, an act which requires serious custodial interrogation, nonetheless it made some
scathing remarks. According to the Court Saxena had failed to disclose her previous marriage
to Girotra merely because she agreed to perform the engagement ceremony, even though such
mention was made when Girotra had first professed his love to Saxena. The Court also took
noted that there was a delay in lodging the FIR by Saxena. What is more shocking is that the
Court held that Saxena had consented to the sexual intercourse and had decided to file the
complaint only when Girotra refused to marry her. This case highlights the attitude of the
Indian judiciary towards cases involving cyber-stalking. It is appalling that factors as
redundant as a delay in filing the FIR have a huge bearing on the outcome of the case. It is for
this reason that more stringent legislations are the need of the hour.14

PALANISAMY V. STATE OF T.N.

Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Hebeas
Corpus calling for the entire records relating to the order of detention vide C.M.P No.

14
Aravinth Balakrishnan, Cyber Stalking : Challenges in Regulating Cyberstalking at the Cyber Space, LEGAL
SERVICES INDIA, [Link]
[Link]
[Link] Law Offender/C2/2016 dated 03.08.2016 from the file of the 2nd respondent and to
quash the order of detention and to direct the respondent to produce the body of the detenu -
Suresh, son of Palanisamy, aged 22 years, who is now confined in Central Prison, Salem and
consequently set him at liberty.

S. Nagamuthu, J.:— This Habeas Corpus Petition has been filed challenging the order of the
2 respondent made in C.M.P No. [Link] Law Offender/C2/2016 dated 03.08.2016 passing
detention order to detain one Mr. Suresh, aged 22 years, son of Palanisamy, under sub-section
(1) of Section 3 of Tamil Nadu Act 14 of 1982 branding him as “CYBER LAW
OFFENDER”.

The detenu-Suresh is a resident of Kalparappatty Village, Salem South Taluk, Salem District.
One Miss. Vinupriya D/o Annadurai was residing at Edanganasalai Village in Salem District.
She was doing [Link], [Chemistry] course in Vivekananda Women's College at Tiruchengode,
between 2012-2015. Without her knowledge a facebook account was opened in the name of
“vinupriyamythili” by the detenu in which he uploaded the photographs of Miss. Vinupriya in
obscene manner. Having seen the same, the deceased, out of depression, committed suicide
on 27.06.2016 by hanging. On the complaint made by the father of Miss. Vinupriya, a case in
Crime No. 260 of 2016 was registered under Section 306 of IPC. During investigation, it
turned out that in order to damage the reputation of Miss. Vinupriya, as she refused to accept
his love, the detenu went into an application called “9 APPS” and went into the “Bikini Suit
Photo Editor” and downloaded the half naked photos in it and went into the Email ID of
Vinupriya (amvinupriya29@[Link]) through its password (9842226076) and opened the
facebook of Vinupriya which was already in and went into the editing option and fakely
added the name of Vinuriyamythili-mythili and created a facebook ID and through that the
detenu has uploaded the obscene photos of Vinupriya which he had edited from his samsung
Galaxy J2 cellphone 4 to 5 times. Thus, according to the sponsoring authority, because of the
acts of the detenu, the deceased had committed suicide. Based on these allegations, on being
sponsored by the 3rd respondent - Inspector of Police, Magudamchavadi Police Station, the 2
respondent - District Magistrate and District Collector, Salem, passed the above-said order of
detention. That is how, the petitioner is before this court with this habeas corpus petition.

We have heard the learned counsel for the petitioner and the learned Additional Public
Prosecutor appearing for the respondents and also perused the records carefully.
In this case, the learned counsel for the petitioner would submit that the conclusion arrived at
by the detaining authority that recourse to normal criminal law would not have the desired
effect of effectively preventing the detenu from indulging in such activities, which are
prejudicial to the maintenance of public order, is totally baseless.

We find no force at all in the said argument. The material placed before the detaining
authority had convinced the detaining authority that a person having sound knowledge in
information technology, who had gone to the extent of creating a fake facebook account to
upload the obscene photographs of a girl, may indulge in similar activities, if released on bail.
Therefore, in order to prevent him from indulging in such activities, the detaining authority,
having satisfied with the reasons set out above, passed the impugned order of detention in
which we do not find any infirmity.

The learned counsel for the petitioner has not argued any other ground. Thus, we do not find
any merit in the habeas corpus petition and the same deserves only to be dismissed.

In the result, the habeas corpus petition is dismissed.15

Bhubaneswar Case

The Xavier Institute of management lodged a cybercrime complaint with the police in December 2004
that students & staffs of this institution are getting numerous obscene electronic mails. The students
were also afraid of the online hacking, spamming & threatening. Police appointed technical experts to
investigate & examine the matter. At first these were considered to be spam but later on students were
over flooded with obscene mails & continuous sexual harassment through internet. At that time
Bhubaneswar Police were weak to fight against cybercrimes as they were not trained enough to tackle
the issue. • A Delhi university law student has been accused of stalking & threatening a woman online
over a year. He also created her fake profiles on social networking sites to defame her & made
obscene phone calls. The victim while working in Delhi got acquainted with the accused and refused
his marriage proposal. He assaulted her and she lodged a complaint on this behalf. After this he
apologized and promised not to bother her in future. The accused also gave a written statement to
police station that he will not stalk her. The victim later moved to Goa to live with her parents found
out a fake profile of her & a photograph declared her to be his wife. The girl’s marriage was called off
due to this. A case under S.66 A of I.T Act was lodged.16

Raju Iyer v. Jawahar Lal Nehru University

15
[Link]
16
Deepthy S, Women as Victim and Survivor in Cybercrimes, JLSR, 79, 112
The respondent was found guilty of sexual harassment of the petitioner & have consequently
imposed the penalty of compulsory retirement. He had sent 2 mails on 11.4.2008 and
12.4.2008 which carried vulgar and filthy contents & were graphic in nature which explicitly
ask for oral sexual favours. He also made unnecessary phone calls at untimely hours to harass
her in derogatory languages. The disciplinary committee of the university imposed the
penalty of compulsory retirement against which the respondent filed appeal in High Court of
Delhi. But the court upheld the disciplinary actions of the university and dismissed his
petition.17

CONCLUSION
The Information technology age has become a boon to the human community, but this
paradigm-shift is also reflected in the area of crime, as along with the positives there is a wide
spectrum of negatives which has become a cause of worry because the negative facets are
being efficiently utilized by the sadistic minds of the society for committing crimes in the
virtual environment called the Cyber Crimes. Cyberstalking is a newly coined term. It has
gain attention of the legislature and judiciary recently. There have been many instances where
the need for effective legislation was felt as it becomes very difficult for the enforcement
agencies to deal with such cases. Cyberstalking is proved to be a grave offence. It has very
far-reaching impact on the mental and physical health of the victim. Many countries have
legislations on this subject. None of the existing provisions are capable of dealing with the
cases efficiently. India does not have any direct legislation on the subject. Information
Technology Act and Indian Penal Code have few provisions that could be related to this
cybercrime and hence the stalker can be booked under those provisions but 2013 amendment
which resulted in Section 354 D of IPC, does not address all aspects of cyber stalking. There
is no attempt on the part of the legislation to define the term cyber stalking or to explain what
amounts to monitoring the use of any electronic communication.

BIBLIOGRAPHY

BOOKS

 Ratanlal & Dhirajlal, THE INDIAN PENAL CODE, (35th ed.., 2017)
 P.S.A. Pillai, CRMINAL LAW, (12th ed., 2014)
 Syed Shamsul Huda, PRINCIPAL OF LAW OF CRIMES (1st ed 2011)
17
Deepthy S, Women as Victim and Survivor in Cybercrimes, JLSR, 79, 113
STATUTES

 The Indian Penal Code, 1860.

 The Information Technology Act, 2008.

ONLINE SOURCES

 Manupatra
 Lexis Nexis

CASES CITED
1. Raju Iyer v. Jawahar Lal Nehru University.

2. Bhubaneswar Case.

3. PALANISAMY V. STATE OF T.N.

4. Karan Girotra v. State.

5. Manish Kathuria case.