Cybercrime Landmark Rulings
Cybercrime: Legal Framework
Definition
Cybercrime refers to illegal activities committed using computers, networks, or digital platforms, including hacking, online fraud, identity theft, cyberstalking, and phishing.
Relevant Laws in India
Information Technology Act, 2000 (IT Act)
Section 66 – Computer-related offenses
Section 66C – Identity theft
Section 66D – Cheating by impersonation using computer resources
Section 66E – Violation of privacy (non-consensual image sharing)
Section 67 & 67A – Publishing obscene material online
Indian Penal Code, 1860 (IPC)
Section 420 IPC – Cheating
Section 499 IPC – Defamation
Section 509 IPC – Words, gestures, or acts intended to insult modesty
Companies Act, 2013 & SEBI Act, 1992 – For cyber fraud in corporate settings
National Cyber Security Policy, 2013 – Guidelines for cybercrime prevention
Landmark Cybercrime Cases in India
1. Shreya Singhal v. Union of India (2015)
Facts
Individuals were prosecuted under Section 66A IT Act for posting offensive content online.
Legal Issue
Constitutionality of Section 66A and its impact on online freedom of speech
Judgment
Supreme Court struck down Section 66A as unconstitutional:
Violated Article 19(1)(a) – freedom of speech
Section too vague, prone to misuse for harassment or censorship
Significance
Strengthened freedom of expression online
Clarified limits of prosecution for cyber offenses
2. State of Kerala v. Vinu (2017)
Facts
Accused sent offensive messages and images to victim via WhatsApp repeatedly.
Legal Issue
Liability under IPC and IT Act for cyber harassment and intimidation
Judgment
Court convicted under:
Section 507 IPC – Criminal intimidation
Section 66E IT Act – Privacy violation
Sentenced to imprisonment and fine
Significance
Recognized digital harassment as a criminal offense
Reinforced protection of personal privacy in cyberspace
3. XYZ v. Union of India (2018, Cyberstalking Case)
Facts
Accused stalked a young woman online, sending threats and harassing messages.
Legal Issue
Applicability of stalking laws to online harassment
Judgment
Court held:
Online stalking falls under Section 354D IPC
Threats via digital communication are equivalent to physical stalking
Issued restraining orders
Significance
Set precedent for cyberstalking as a form of criminal harassment
4. Anjali v. Rajeev (2020, Revenge Porn Case)
Facts
Accused shared intimate images of ex-partner on social media without consent.
Legal Issue
Liability under IT Act and IPC for non-consensual sharing of intimate content
Judgment
Convicted under:
Section 66E IT Act – Violation of privacy
Section 67A IT Act – Publishing obscene material
Minor victims: POCSO Sections 14 & 15
Sentencing included imprisonment and fine
Significance
Landmark case on revenge porn
Reinforced protection of privacy and dignity online
5. State of Karnataka v. Arjun Rao (2021)
Facts
Accused sent offensive and threatening messages to a colleague via workplace messaging apps.
Legal Issue
Criminal liability for cyber harassment in workplace
Judgment
Convicted under:
Section 354D IPC – Stalking
Section 507 IPC – Criminal intimidation
Section 66 IT Act – Sending offensive messages
Court issued restraining order and compensation
Significance
Recognized workplace cybercrime as criminal offense
Reinforced employer responsibility to prevent harassment
6. State of Maharashtra v. Kunal Sharma (2019)
Facts
Accused created fake social media profiles to defame and harass a colleague.
Legal Issue
Liability for online defamation and harassment
Judgment
Convicted under:
Section 499 & 500 IPC – Defamation
Section 66 IT Act – Impersonation and online misrepresentation
Court emphasized intent to harm reputation is punishable online
Significance
Reinforced defamation through digital platforms as a cybercrime
Key Legal Principles from Cases
Cyber harassment, stalking, and revenge porn are criminal offenses under IPC and IT Act
Intent and repeated acts are crucial for conviction
Non-consensual sharing of images constitutes privacy violation
Defamation and impersonation online are punishable
Courts can issue restraining orders, compensation, and imprisonment
Employers are liable for workplace cybercrime
Conclusion
Indian courts treat cybercrime seriously, emphasizing:
Protection of privacy, dignity, and safety online
Criminal liability for stalking, harassment, defamation, and revenge porn
Application of existing IPC provisions to digital crimes
Balancing freedom of speech with protection from harm
RELATED Blog
comments