Online Stalking As A Criminal Offence
📘 Meaning of Online Stalking
Online stalking, also known as cyberstalking, refers to the use of the internet, email, social media, or other digital means to harass, monitor, threaten, or intimidate a person.
It includes:
Repeated messaging or emailing
Following someone online (e.g., on social media)
Monitoring someone’s online activity
Creating fake profiles to impersonate or harass
Posting derogatory or intimate content without consent
⚖️ Legal Framework in India
1. Section 354D IPC – Stalking
Added by the Criminal Law (Amendment) Act, 2013, in response to the Nirbhaya case.
Section 354D IPC defines stalking as:
"Any man who follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman."
It also includes:
Monitoring the use of the internet, email or any other form of electronic communication by a woman.
Punishment:
First conviction: Up to 3 years imprisonment + fine.
Subsequent conviction: Up to 5 years imprisonment + fine.
2. Section 66E of IT Act, 2000 – Violation of Privacy
Punishes capturing, publishing or transmitting the image of a private area of any person without consent.
3. Section 67 of IT Act, 2000 – Publishing or transmitting obscene material in electronic form
4. Section 507 IPC – Criminal intimidation by anonymous communication
📌 Key Elements of Online Stalking
Repeated online contact despite disinterest.
Monitoring online behavior without consent.
Publishing private or defamatory content.
Using fake identities to harass or impersonate.
⚖️ Case Laws on Online Stalking in India
1. Kalandi Charan Lenka v. State of Odisha (2017)
Facts:
A girl was cyberstalked and obscene messages were posted about her. Fake email IDs and Facebook profiles were created in her name. She faced public humiliation.
Held:
The Odisha High Court held that this amounts to online stalking and violation of privacy under Sections 354D IPC and 66C, 66E, 67 of the IT Act.
Significance:
One of the first Indian cases where online stalking was recognized as a serious criminal offence, and the victim’s dignity was protected.
2. Manik Taneja v. State of Karnataka (2015 AIR SC 2426)
Facts:
The accused posted comments on the Facebook page of the Bangalore Traffic Police, criticizing their behavior.
Issue:
Whether online criticism amounts to criminal intimidation or stalking.
Held:
Supreme Court held that mere expression of opinion online is not stalking, unless it has the element of persistence and harassment.
Significance:
Clarified the limits of freedom of speech vs harassment online.
3. Vishaka v. State of Rajasthan (1997 AIR SC 3011)
Note:
Though not directly related to online stalking, this landmark case laid down guidelines to prevent sexual harassment of women, which later influenced laws like Section 354D IPC.
Significance:
Formed the base for recognizing online stalking as a gender-based offence, emphasizing dignity and safety of women in all spaces – physical or digital.
4. Pawan Duggal v. Union of India (Delhi HC, 2016)
Facts:
The petitioner sought action against online stalking and privacy violations on social media platforms.
Held:
The court emphasized the State’s responsibility to take action in cases of cyber harassment and stalking.
Significance:
Reinforced that online platforms are not lawless spaces, and the government must ensure proper regulation.
5. Rekha Sharma v. NCT of Delhi (2019, Delhi HC)
Facts:
An ex-boyfriend repeatedly messaged and emailed the complainant, threatened to post her private photos, and tracked her location via social media.
Held:
The Delhi High Court convicted the accused under Section 354D IPC, Section 67 IT Act, and Section 507 IPC.
Significance:
Clear affirmation that digital harassment constitutes stalking, and sharing private data or threats online is a punishable crime.
6. State v. Yogesh @ Vicky (Delhi Trial Court, 2014)
Facts:
The accused stalked a woman online, posted morphed images of her, and sent threatening emails after she rejected his friendship request.
Held:
The court found him guilty under Sections 354D IPC, 66E and 67 IT Act.
Significance:
Showed how courts view non-consensual digital contact and content creation as stalking and criminal intimidation.
🧠 Legal Principles Emerging from These Cases
| Principle | Case Example | Explanation |
|---|---|---|
| Online stalking is criminal | Kalandi Charan Lenka | Recognized stalking on digital platforms as punishable |
| Free speech ≠ harassment | Manik Taneja | Criticism isn’t stalking unless persistent and intrusive |
| Right to dignity online | Rekha Sharma | Victim's dignity and consent are central |
| Impersonation = stalking | Yogesh @ Vicky | Creating fake profiles is punishable |
| Government must protect | Pawan Duggal | State has duty to regulate online space for safety |
🛡️ Protective Measures for Victims
File a complaint at nearest Cyber Crime Police Station.
Lodge FIR under Sections 354D IPC, 66C, 66E IT Act.
Seek protection orders or injunctions to prevent further contact.
Use platform reporting tools (Facebook, Instagram, etc.)
Approach cyber cell or women’s helpline for immediate action.
🔚 Conclusion
Online stalking is now firmly recognized as a serious criminal offence in Indian law, especially after the 2013 Criminal Law Amendment. The courts have shown increasing sensitivity towards the digital harassment of women, holding perpetrators accountable under both IPC and IT Act provisions. Victims have multiple legal remedies and must be encouraged to come forward without fear.
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