International Journal of Trend in Scientific Research and Development (IJTSRD)

Volume 8 Issue 6, Nov-Dec 2024 Available Online: [Link] e-ISSN: 2456 – 6470

Cyber Stalking: Comprehensive Legislative Framework in India

Sivanesh. T, Sridhar. R. C. S, Renganathan. V
Student, SASTRA Deemed University, Thanjavur, Tamil Nadu, India

ABSTRACT How to cite this paper: Sivanesh. T |

This article mainly comprise of newly emerging grave offence in Sridhar. R. C. S | Renganathan. V
Indian society for which we don’t have any specific provision for few "Cyber Stalking: Comprehensive
decades. In the current legislation which came into the effect on 1st Legislative Framework in India"
July 2024, that is Bharatiya Nyaya Sanhita, 2024(BNS). We have Published in
International
included a specific provision for that new offence, cyber stalking. Journal of Trend in
Since the bill was introduced very recently to analyze the impact or Scientific Research
applicability of this provision we need some waiting. Before the and Development
introduction of these bill the offence of cyber stalking old code and (ijtsrd), ISSN:
information technology act was used where there were no clear 2456-6470, IJTSRD72660
definition of cyber stalking, which made it difficult for the cyber Volume-8 | Issue-6,
stalking to be enforced on the offences and with no proper December 2024, pp.691-693, URL:
punishment. In this paper we have given our own suggestive ways in [Link]/papers/[Link]
eradicating the offence of cyber stalking.
Copyright © 2024 by author (s) and
KEYWORDS: legislation, cyber stalking, offences, punishment, International Journal of Trend in
definition Scientific Research and Development
Journal. This is an
Open Access article
distributed under the
terms of the Creative Commons
Attribution License (CC BY 4.0)
([Link]

INTRODUCTION
Cyber stalking is a major offence rising in Sanhita, 2023, section 78 of this act deals with
contempory India. The growth of technology and stalking and clause (1) (ii) says that “monitors the
media has promoted this offence. The IT act 2000, use by a woman of the internet, e-mail or any
section 354D and section 67 of IPC were existing other form of electronic communication, commits
legislative before BNS with respective to this kinds of the offence of stalking”2, this might express the
offence. These laws however not complete solving term cyber stalking because the essential elements
with such complexities existing with cyber stalking. of cyber stalking are partially fulfilled. when we
The introduction of BNS specifically Section 78 of compare the provision of Indian Penal Code and
the act penalties cyber stalking and provided the more newly introduced Bharatiya Nyaya Sanhita, there
comprehensive framework however it has not are few provisions in Indian Penal Code which is
completely eradicated the challenges curtaining long related to stalking but no express provision for
the enforcement. cyber stalking in Indian Penal Code, those
provisions are;
Comparison of IPC and BNS:
 Cyber stalking is a newly coined offence in India,  Section 354D: This section specifically deals with
we have cybercrimes mentioned in information stalking, the term cyber stalking was not
technology act and old penal code. The legislation expressly mentioned in the old Indian Penal
don’t have any specific provision which is Code. It defines stalking as any act of watching or
exclusively mention about cyber stalking offence. following a person, contacting them repeatedly, or
Cyber stalking is proved to be a grave offence. monitoring their activities, causing fear or alarm.
The impact of cyber stalking will affect mental So previously, if any cyber stalking cases was
and physical health of victim. Many developed filed it was registered under this IPC provision.
countries have specific legislation on cyber
stalking subject. The latest criminal legislation
passed by the parliament named Bharatiya Nyaya
2
[Link]

@ IJTSRD | Unique Paper ID – IJTSRD72660 | Volume – 8 | Issue – 6 | Nov-Dec 2024 Page 691
 International Journal of Trend in Scientific Research and Development @ [Link] eISSN: 2456-6470
Also this provision is gender biased as it focus many instances, also promises to create challenges for
only on female victims. law enforcement [Link] important issue of
territorial jurisdiction has not been highlighted in
 Section 509: This section pertains to word,
gesture, or act intended to insult the modesty of a Information Technology Act, 2000. The matter of
woman. It can be applied to online harassment jurisdiction has been given in the sections 46, 48, 57
where offensive or derogatory messages are sent. and 61 is where the appellate procedure and
adjunction process is mentioned. Section 80 which
 Section 67 of the Information Technology Act, explains the power of a police officer with respect to
2000: This section addresses the publication of its jurisdiction that is the power to conduct search in a
obscene material in electronic form. It can be public area for cyber-crime etc. Cyber-crimes are
used to prosecute cyber stalkers who send explicit crimes done by persons using modern technology
or offensive content. But, this provision was also through a system and internet from any state or
not clearly mentioned about cyber stalking. country across this world. So it is obvious that cyber-
When we analyze the Bharatiya Nyaya Sanhita crimes are not bound by geographical limits for better
provision that provide us clear definition of the term enforcement of cyber laws there should be clear and
cyber stalking in this section 78 of this act. The proper elaboration to be made as to which state will
punishment for the cyber stalking was clearly have the power to deal those [Link] main problem
mentioned in clause 2 of section 78, “(2) Whoever arises when there are two different legal provisions
commits the offence of stalking shall be punished on for that crime which will result as a problem which
first conviction with imprisonment of either will need time to solve it .for example if the stalker is
description for a term which may extend to three in country a and the victim is in country b . The
years, and shall also be liable to fine; and be punished country b has severe punishment for that particular
on a second or subsequent conviction, with crime but country a has no provisions regarding that
imprisonment of either description for a term which crime. If there is an arrangement where both the
may extend to five years, and shall also be liable to countries would cooperate and form an extradition
fine. In the Indian Penal Code we don’t specifically like if the same crime is committed internationally
have any express provision for the punishment for the then it can be easily sorted out. In India the
offence. So, Bharatiya Nyaya Sanhita have given us Information Technology act has clearly stated the
an express punishment provision for cyber stalking extraterritorial jurisdiction affairs in section 75 says
reflecting the severity of the offence. Hence the that whether he is a citizen of India or not it mainly
Bharatiya Nyaya Sanhita offers more comprehensive related with the offences related to computer systems.
and nuanced approach. The main reason for making Article 14 of the Indian constitution mandates
express provision for cyber stalking as the technology equality before law we can see that even though
continues to evolve as an effect, everybody started constitution provides these the constitution on its own
using internet , mobile and other form of electronic has provisions inclined more on women as they are
items, there might be a chance for the misuse for the weaker section of the society .The section 345D
which in the Bharatiya Nyaya Sanhita express of IPC clearly evident that it more inclined towards
provision for cyber stalking was introduced. women’s safety where as in this present generation
men also need provisions related to cyber law.
Enforcement problems on cyber stalking laws in
India: Recommendation:
“Even with the most carefully crafted legislation, some suggestive recommendations to reduce the
enforcing a law in a virtual community creates unique offence of cyber stalking they are:
problems never before faced by law enforcement 1. Self-regulation:
agencies”3. These problems pertain mainly to Self-regulation is a best method to control anything.
international aspects of the Internet. It is a medium As a citizen of India everybody must have self-
that can be accessed by anyone throughout the globe regulation in them and as per article 51-A of Indian
with a computer and modem. This means, as constitution it says “to develop the scientific temper,
explained below, that a potential offender may not be humanism and the spirit of inquiry and reform” and
within the jurisdiction where an offence is committed. the same article is also speaking about common
Anonymous use of the Internet, though beneficial in brotherhood so it is a fundamental duty of every

3 4
B. Jensen, Cyberstalking: Crime, Enforcement and Personal L. Ellison & Y. Akdeniz, Cyberstalking: The Regulation of
Responsibility in the Online World, Harassment on the Internet, CRIMINAL LAW REVIEW-
[Link] CRIME, CRIMINAL JUSTICE AND THE INTERNET 7
(last visited May 1, 2013). (Special ed. Dec. 1998).

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 International Journal of Trend in Scientific Research and Development @ [Link] eISSN: 2456-6470
citizen not to do any of the wrong related to cyber
stalking. Everyone should choose a username that is
gender neutral or the e-mail ids should be a
combination of characters and phrases that are
meaningless. The passwords should contain some
digits or letters.5
2. Use of new software:
The implementation or the use of new software can
make sure the restriction of the cyber offence as
effective. For example the software like Truecaller
can help us to detect and restrict the anonymous
threat from reaching our foot.
3. Role of internet service provider(ISP):
The ISP plays an important role in monitoring the
network, mainly the offender use ISP source to track
the victim, thus using the most latest and secure ISP
make it difficult for the criminal to reach the victim.
These are some suggestions that might help to control
the cyber stalking.
4. Dedicated cyberstalking law:
Drafting a dedicated cyberstalking law with defined
definitions, penalties and victim protection
procedures to cover all forms of online abuse.
Creation of cybercrime cells in all states with
specialized training to handle cyber stalking cases
like digital forensics and victim assistance.6
Conclusion:
It is very truly said that to change the current
scenario, we must change the old out dated model of
dealing with the situation with the new effective and
enhanced model. As cyber stalking an emerging grave
offence, which needs an effective provision and
mechanism to curb the crime. The recommended
suggestion must be taken placed and enforced, as the
world evolve with new crime we need to make sure to
get rid of the offence with better modern solutions,
like enhanced legislation. It is a call to action for
lawmakers, educators, and citizens alike to unite
against the changing scenario. The time for change is
now—let us all unite to bring a conclusion of the
challenge and forge a path toward a brighter, safer
digital world for generations to come.

5
Working to Halt Online Abuse,
[Link] (May 13, 2017,
7:15AM)
6
[Link]

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