xi

CONTENT
Page Nos.
Supervisor's Certificate
Declaration
Acknowledgements i-ii
Preface iii-v
List of Cases vi-ix
Abbreviations x

CHAPTER-1 : INTRODUCTION 1-60

1.1 Cyber Stalking: An Emerging crime
1.2 Cyber stalking: a criminal behavior not only an unethical
behavior
1.3 Stalking: An existing problem aggravated by new
technology
1.4 Cyber Stalking: A Virtual Crime
1.5 Internet and Cyber Stalking
1.5.1 Cyber Crime
1.5.2 Define Cyber Stalking
1.6 Reason for cyberstalking
1.7 Cyber Stalking – Its Methodology
1.8 Probability of Cyber Stalking
1.9 Ways of Cyber Stalking
1.10 Motives behind Cyber Stalking
1.11 Cyber Stalking: Victims & Criminal
1.12 The impact of cyber stalking
1.13 Cyber Stalking under IPC 1860 and Information
Technology Act 2000
1.14 Procedure for filing complaint against cyber stalking
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1.15 Cyberstalking: A New Challenge For Law Enforcement and

Industry: A report from the Attorney General to Vice
Presidental Gore (1999).’
1.16 Research Hypothesis
1.17 Objective of the Study
1.18 Research Methodology
1.19 Scope of Study
1.20 Review of Literature
1.21 Scheme of the Study

CHAPTER-II: NATURE AND TYPOLOGY OF CYBERSTALKING

& ONLINE HARASSMENT 61-124
2.1 Introductory
2.2 Nature of cyberstalking
2.3 Harassment and cyberstalking
2.3.1 Law of Torts and cyberstalking
2.3.2 Intangible and insufficient evidence
2.3.3 Anonymity
2.3.4 Transnational crime
2.3.5 Different from crime committed in a physical world
2.3.6 Faceless crime cyberstalking
2.4 Typology of cyber stalking
2. 5 Typology of a cyberstalker
2.5.1 Meaning of cyberstalker
2.5.2 Cyberstalker, categorized into different types
2.6 Typology of victims
2.7 Identity of Victims and Stalkers
2.7.1 Perpetrators Profile
2.7.2 Perpetrators Behaviors
2.8 The Stalker Operates Cyber Stalking as
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2.9 Typology of Cyber stalkers Motivations

2.9.1 What Makes a Stalker Stalk?
2.9.2 Cyber Stalker's Motivation's
2.10 Typology of Online Harassment
2.11 Harassment Occurrences
2.12 Factors Encouraging Online Harassment

CHAPTER-III : HISTORICAL DEVELOPMENT AND

INTERNATIONAL PERSPECTIVE OF CYBER
STALKING AND ONLINE HARASSMENT 125-166
3.1 Introduction
3.2 Evolution of Computer
3.3 History of the Internet
3.4 History of Cyber Crimes
3.5 History of Internet in India
3.6 History of Cyberstalking
3.7 International Mechanism to Control Cyber Stalking and Online
Harassment
3.7.1 Cyber stalking legislation in the United States of America
3.7.2 Cyber Stalking Legislation in UK
3.7.3 Cyber Stalking Legislation in Australia
3.7.4 Cyber Stalking Legislation in Canada
3.8 Comparative Analysis of Cyber Stalking laws in America, United
Kingdom, Australia, Canada and India

CHAPTER IV : CYBER STALKING AND ONLINE

HARASSMENT: EMERGED NATIONAL
CONTROL AND ITS JURISDICTION 167-238
4.1 Introduction
4.2 The Indian laws that deal with cyber stalking along with
their loopholes
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4.2.1 The Indian Penal Code, 1860

4.2.2 Criminal Amendment Act, 2013
4.2.3 Section 354 D defined stalking it reads as follows
4.2.4 Sec. 354 (A) punishment for sexual harassment
4.2.5 Voyeurism
4.2.6 Section 292 of IPC defines "Obscenity."
4.2.7 Sec. 507 "Criminal Intimidation by Anonymous
Communication."
4.2.8 Sec. 503 Criminal Intimidation
4.2.9 Sec. 506 Punishment for Criminal Intimidation
4.2.10 Section 504 Intentional Insult with intent to provoke
breach of the peace
4.2.11 Sec. 509 Word, gesture, or act intended to insult the
modesty of a woman
4.3. Information Technology Act, 2000
4.3.1 Information Technology Act, 2008
4.3.2 Sending offensive messages through communication
service, etc. (cyber stalking)
4.4 Information Technology Act and Constitutional provision
Right to speech and expression
4.4.1 Sec. 66A (Cyber Stalking) & Right to Speech &
Expression
4.4.2 Publication of Obscene Information in Electronic
farm and Cyber stalking
4.4.3 Publishing or transmitting material involving
sexually explicit acts
4.4.4 Publishing or transmitting of material depicting
children in sexually explicit acts etc. in electronic
form and cyberstalking
4.4.5 Cyber stalking and Identity Theft
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4.4.6 Cyber stalking to bring down Reputation

4.5 Digital Voyeurism and Cyberstalking
4.6 Punishment of Cheating by Presentation by using Computer
Resource
4.7 Punishment for Violation of Privacy
4.8 Online Harassment Laws in India
4.8.1 Information Technology Act 2008 and online
Harassment (Cyber Bullying)
4.8.2 Cyber Bullying and Cyberstalking
4.8.3 Defamation Relating to Online Harassment
4.9 Tort Law and Stalking – The Civil Remedy
4.10 Cyber stalking and online Harassment and Jurisdictional
problem in cyberspace
4.10.1 Jurisdiction issue related to cyber-stalker in
Cyberspace
4.10.2 Jurisdiction under Criminal Procedure Code, 1973
4.10.3 Jurisdiction under Information Technology Act,
2000
4.10.4 Budapest Convention on Cyber Crime
4.10.5 Extradition in Cyber Crime (Cyber Stalking)

CHAPTER V : CYBER STALKING AND ONLINE HARASSMENT :

THE JUDICIAL ENDEAVOUR 239-294
5.1 Introduction
5.2 NCRB Report on Cyber Stalking
5.3 Role of Indian Judiciary
5.4 Contribution of Judicial to combat with Cyberstalking & Online
Harassment
5.4.1 First Reported Case on Cyber Stalking
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5.4.2 First conviction case of cyber stalking under Sec 354D

IPC with sec. 66(A) & sec 67 of IT Act
5.4.3 Cyber Stalking and Harassment in Court of Law
5.4.4 Celebrity Stalking Cases
5.4.5 Victimization of Children through cyber stalking
5.4.6 Cyber Stalking and Identity Theft
5.4.7 Sharing an obscene Images is also cyber stalking
5.4.8 Cyber Stalking : Technological form of Sexual
Harassment
5.4.9 Cyber Stalking and Sexual Harassment against men
5.4.10 Stalking and Sexual Harassment against Minor
5.4.11 Reported Cases
5.4.12 Contribution of Indian Judiciary in offences of
Voyeurism and cyber stalking
5.5 The Law Enforcement Response

CHAPTER VI : CONCLUSION AND SUGGESTIONS 295-312

BIBLIOGRAPHY 313-338
A. List of Books Referred
B. Articles
C. List of Journals & Periodicals Referred
D. List of Websites Visited During the Study
E. List of Magazines & Newspapers Referred
F. List of Online Research Services
G. Dictionaries