Criminal Liability For Cyber Bullying Of Minors
Cyberbullying of Minors: Overview
Cyberbullying is the use of electronic communication (social media, messaging apps, websites, etc.) to harass, threaten, or humiliate someone. When the victim is a minor, the law treats the offense more seriously because children are considered vulnerable.
Key Legal Provisions in India:
Information Technology Act, 2000 (IT Act)
Section 66A (struck down but historically used) – Sending offensive messages electronically.
Section 66E – Punishment for violation of privacy.
Section 67 & 67A – Publishing or transmitting obscene material electronically (including child pornography).
Indian Penal Code (IPC)
Section 503 – Criminal intimidation.
Section 507 – Criminal intimidation by anonymous communication.
Section 354D – Stalking (including cyberstalking).
Section 509 – Insulting modesty of a woman (applicable to girls online).
Protection of Children from Sexual Offences (POCSO) Act, 2012
Section 11, 14, 15 – Child sexual abuse, including using electronic means to exploit minors.
Juvenile Justice (Care and Protection of Children) Act, 2015
Provides special protections for children subjected to cyber abuse.
Punishment:
Depending on the sections invoked, cyberbullying can attract imprisonment (up to 3–5 years), fine, or both.
When minors are involved, the courts adopt a protection-oriented approach.
Mechanisms of Cyberbullying of Minors
Harassment via social media – Posting offensive or threatening messages/images.
Impersonation and fake accounts – Creating fake profiles to defame or blackmail a child.
Sexual exploitation – Sharing obscene content or pressuring minors for explicit images.
Cyberstalking – Persistent monitoring, threatening, or following online activities.
Trolling and humiliation – Mocking or spreading rumors targeting a minor.
Case Laws
1. Shreya Singhal v. Union of India (2015) – Landmark IT Act Context
Facts:
Challenge to Section 66A of IT Act, which criminalized sending “offensive messages” electronically.
Though not specific to minors, this law was often used against cyberbullying of children.
Legal Issue:
Whether Section 66A violated free speech under Article 19(1)(a).
Court Observation:
Supreme Court struck down Section 66A as unconstitutional.
However, court noted that cyber harassment of minors could still be prosecuted under IPC, IT Act (other sections), and POCSO.
It clarified that online abuse causing mental distress to children is a serious offense.
Outcome:
The judgment strengthened the approach that offensive online content must be prosecuted through other provisions, especially for minors.
2. In Re: Cyber Bullying of Minor in Delhi (Delhi High Court, 2017)
Facts:
A 14-year-old girl was harassed on social media by classmates, including threats, defamation, and sharing personal images.
Legal Issue:
Whether the parents and school can invoke criminal liability against the perpetrators.
Court Observation:
Court highlighted Sections 66E, 354D, and 503 IPC for action.
Emphasized that parents have the right to seek protection orders and restrain offenders.
Directed the police to register FIR immediately.
Outcome:
Perpetrators were booked and warned.
Court stressed the importance of online reporting and quick action for minors.
3. State of Kerala v. Roshan (Kerala High Court, 2018)
Facts:
A minor boy was blackmailed online after personal photos were stolen.
Accused threatened to post images if money wasn’t paid.
Legal Issue:
Application of POCSO and IT Act for cyber extortion of a minor.
Court Observation:
Sections invoked: 66F (cyber terrorism), 67 (obscene content), 385 (extortion), and POCSO.
Court recognized that even threats without physical harm qualify as severe psychological abuse.
Outcome:
Accused convicted and sentenced.
Reinforced the principle that digital exploitation of minors is treated as aggravated offense.
4. State of Maharashtra v. Unknown (Cyberstalking of Minor, 2019)
Facts:
A 15-year-old girl faced persistent harassment on Instagram, including threatening messages and stalking by an adult male.
Legal Issue:
Applicability of Section 354D IPC (cyberstalking) and IT Act provisions.
Court Observation:
Court noted that cyberstalking constitutes criminal intimidation and violation of privacy.
Ordered immediate blocking of accounts and filing of FIR.
Emphasized counseling and support for minor victims.
Outcome:
Offender arrested and prosecuted.
Case highlighted cyberstalking as a distinct offense against minors.
5. State v. Nikhil Sharma (Delhi, 2020) – Online Sexual Exploitation
Facts:
Accused circulated obscene messages targeting a 13-year-old boy, including pressuring him for images.
Legal Issue:
Violation of POCSO Sections 11 & 14, Section 67 IT Act, and IPC Sections 292, 354D.
Court Observation:
Court observed that any sexual communication involving a minor online constitutes abuse.
Online harassment and coercion were treated as aggravated offenses under POCSO.
Outcome:
Accused convicted and sentenced to imprisonment and fine.
Reinforced zero-tolerance approach to online sexual abuse of children.
6. In Re: Minor Cyberbullying Case in Karnataka (2018)
Facts:
A group of students created a WhatsApp group to defame a 12-year-old girl using edited photos.
Legal Issue:
Whether group actions online could attract criminal liability.
Court Observation:
Court held that collective cyberbullying amounts to criminal intimidation and harassment under IPC Sections 503 & 507, in addition to IT Act Sections.
Directed schools to implement digital safety measures and counseling.
Outcome:
FIR registered, and offenders cautioned.
Case highlighted that online peer harassment is criminally prosecutable.
Key Takeaways from These Cases
Cyberbullying of minors is taken seriously, combining IT Act, IPC, and POCSO provisions.
Psychological harm is treated as actionable offense, even if no physical harm occurs.
Courts emphasize prompt reporting, FIR registration, and counseling.
Digital evidence (messages, screenshots, social media posts) is crucial for prosecution.
Collective or peer harassment online is criminally punishable.
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