LEGAL PROVISIONS ON CYBER STALKING

 AS CYBER CRIMES PARTICULARLY CYBERSTALKING IS GROWING IN INDIA AT A RAPID PACE

GOVT. OF INDIA COME UP WITH WITH CERTAIN LEGAL PROVISIONS.
  After the December, 2012 Delhi gang rape incidence, the Indian government had
taken several initiatives to review the existing criminal laws. A special committee
under Justice Verma was formed for this purpose and basing upon the report of
the committee, several new laws were introduced. In this course, anti-stalking
law was also introduced. The Criminal Law Amendment Ordinance,2013 added
S.354D to the Indian Penal Code to define and punish the act of stalking. This law
is as follows:

S.354D of the IPC (as has been added by the The Criminal Law Amendment
Ordinance,2013 ):

1. Whoever follows a person or contacts or attempts to contact such person to

foster personal interaction repeatedly despite a clear indication of disinterest
by such person or whoever monitors the use by a person of the internet, email
or any other form of electronic communication or watches or spies a person in
a manner that results in fear of violence or serious alarm or distress, in the
mind of such person or interferes with the mental peace of such person,
commits the offence of stalking.

Provided that the course of conduct will not amount to stalking if the person
who pursued it shows

i. that it was pursued for the purpose of preventing or detecting crime

and the person accused of stalking had been entrusted with the
responsibility of prevention or detention of crime by the State , or

ii. that it was pursued under any enactment or rule of law, or to comply
with any condition or requirement imposed by any person under any
enactment, or,

iii. that in the particular circumstances, the pursuit of the course of

conduct was reasonable.
2. Whoever commits the offence described in S.354D(1) shall be punished with
imprisonment of either description for a term which shall not be less than one
year but shall extend to three years and shall also be liable to fine.
 But it is not always necessary that the women are victims of cyberstalking

50% of all cyberstalking cases now have male victims

Experts say that while cyberstalking is on the rise, incidents of men being the victim
are growing at a faster rate. Cyber law expert and Supreme Court lawyer Karnika
Seth tells us, "I get at least four-five cases of cyberstalking every day. Till now, I have
seen women being victimized. However, now I see a trend where men are the victims.
Till a few years ago, 75% cases of cyber stalking had women as the victim, but now
the ratio is 50:50."
 CASE LAW

Mr. Atul Ganesh Patil use to work as a Security Guard in  company called
"Motherson" which manufactures Bumpers of car and is located in Chakan MIDC
near Pune in Maharashtra. The Victim girl had come for job interview and at the
entry had written down her personal mobile Number in the entry Register. The
young guard who is resident of Yavatmal District and worked in Chakan, copied
down the number from register, saved it in his mobile and started sending
obscene WhatsApp messages from his mobile phone and even called her to talk
obscene things thereby committing crime of stalking on her. Technically i feel
had committed two more crimes i.e Data Theft and Breach of Privacy. I have seen
such crimes happening across India, where the cell number is obtained and girls
are chased, i see after digital payments have increased and for digital wallet
purpose cell phones are shared, privacy compromise via mobile number sharing
has increased in India. 
In this case, Victim blocked this convicted guard on her phone and social media.
The desperate guard then started chasing her by sending obscene messages from
his friends and known person mobile phones.
Police traced all these phones.
These all people whose Cyber stalking case law cyber law cyber crime obscenity
case law WhatsApp case law state v Patil phones were used to send messages
were made witness and later the accused Guard also accepted his crime. Judge
pronounced his Order in open court .

Case Details: 
"State Vs Atul Ganesh Patil"
The FIR No. 17/17 was registered in Chakan Police Station on 10/01/2017 
near Pune.
Case decided and conviction ordered in 48 Hours. 
The investigation was done in 24 Hours and  recording of 5 Witness also was
completed today on 11/01/2017. 
Today itself, punishment for 2 years rigorous imprisonment and Rs.500/- fine was
pronounced in Khed (Rajguru Nagar) JMFC Court near Pune in the state of
Maharashtra in India which Presided by Judge Mr. Y J Tamboli.