Cyberbullying Can Be As Traumatic As Physical Assault: Delhi HC
Cyberbullying Can Be As Traumatic As Physical Assault
Explanation:
Cyberbullying refers to harassment, intimidation, or humiliation of an individual using digital platforms such as social media, messaging apps, or other online tools. Unlike physical assault, it doesn’t leave visible marks on the body, but its psychological impact can be equally or even more damaging. Victims often experience anxiety, depression, loss of self-esteem, and in severe cases, suicidal tendencies.
Recognizing the seriousness of cyberbullying, courts have increasingly treated it on par with physical assault, especially when it targets minors, as their mental resilience is still developing.
Case Study: Rajesh Gambhir v. State GNCT of Delhi & Anr.
Court: Delhi High Court
Judge: Justice Swarana Kanta Sharma
Date of Judgment: July 28, 2025
Case Reference: CRL.A. 141/2025
Facts of the Case:
A Class IX student received morphed obscene images of herself along with threatening messages on WhatsApp.
The accused, who was known to the family, threatened to circulate these images unless the girl complied with his demands.
The victim’s mother filed a police complaint after discovering the messages.
The incident highlighted how digital harassment could deeply affect a minor’s mental well-being.
Legal Provisions Invoked:
Indian Penal Code (IPC):
Section 354A(1)(iv) – Sexual harassment
Section 506 – Criminal intimidation
Section 509 – Insulting the modesty of a woman
Section 354D – Stalking
Protection of Children from Sexual Offences (POCSO) Act:
Section 12 – Sexual harassment
Section 14 – Using a child for pornographic purposes
Information Technology Act (IT Act):
Section 67 – Publishing or transmitting obscene material in electronic form
Section 67A – Publishing or transmitting sexually explicit material
Trial Court Decision:
The trial court convicted the accused under the above provisions.
The accused was sentenced to five years imprisonment for cyber harassment and threats.
Delhi High Court Observations:
Justice Swarana Kanta Sharma upheld the trial court’s decision.
The Court emphasized that cyberbullying can have severe psychological effects, similar to physical assault.
Morphing the victim’s images and threatening to circulate them was not only an invasion of privacy but also an attack on her dignity and mental health.
The fear of online circulation can cause long-term trauma, anxiety, and emotional distress in children.
The Court stressed that online harassment, though faceless, is equally serious as physical violence.
Significance of the Case:
Psychological Impact Recognized: The court acknowledged that cyberbullying could be as traumatic as physical assault, especially for minors.
Legal Precedent: This judgment strengthens legal protection for children against online harassment.
Need for Digital Safety: It underscores the importance of educating children and parents about online threats.
Strict Enforcement: The case demonstrates that courts will not treat online harassment lightly and will enforce stringent punishment under relevant laws.
Conclusion:
The Delhi High Court in this case recognized cyberbullying as a serious offense that can cause mental trauma equivalent to physical assault. The judgment highlights the need for robust legal frameworks and awareness about digital safety, particularly for minors, ensuring that children are protected in both physical and digital spaces.
RELATED Blog
0 comments