Group V

Criminal Law and Criminal Administration

Sem 3

Classroom Teaching

Cyber Bullying and laws.

Name: Jagruti J. Mestry

Div: B

Roll No: 08
 Cyber Bullying and laws

“Courage is fire, and bullying is smoke.” - Benjamin Disraeli

ABSTRACT:

The digital platform now becomes one of the common ways to interact with other people simultaneously it
also increases the event of Cyberbullying. Cyberbullying is the use of digital technologies with intent to
offend, humiliate, threaten, harass or abuse somebody. Cyberbullying is common among children,
adolescents but especially women are always vulnerable to it. Facebook have a huge amount of user and
widely used for bulling, Facebook had its own anti-bullying and content removal policy through which they
try to curtail and reduce the bullying in their platform but the policy had some loopholes. Facebook also
regulated by the Information Technology (Intermediary Guidelines) Rules, 2011 and had to fulfill certain
obligation such as the appointment of grievance officer. This proposed paper will analyze the laws relating to
Cyberbullying

INTRODUCTION

The Internet has touched and reached every aspect of the human life, the internet brings ease to the human
life and people around the world are now more connected than before, information is now available on just
one click away1. We live in a society where the technology becomes part of our life and every individual is
carrying a cell phone or tablet, the cyber world opened a wide range of learning opportunities but these
opportunities and endless ocean of the knowledge have some drawback, thus the increase of knowledge and
connectivity comes with the evil of Cyberbullying. 2 The term "cyberbullying" was first coined and defined
by Bill Belsey, as "the use of information and communication technologies to support deliberate, repeated,
and hostile behavior by an individual or group, that is intended to harm others."

CONCEPT OF CYBER BULLYING

Cyberbullying means bullying which is done on the digital platform, so to understand the concept of
cyberbullying we need to first understand what is bullying. Bullying can be defined as systematically and
constantly inflating physical hurt or psychological distress on one or more student, employee or another
victim, bullying can be also defined as unwanted action by another person, this action may be of any kind
like teasing, social exclusion, threat, intimidation, stalking, physical violence, theft, sexual harassment, racial
harassment, public humiliation, or destruction of property, however, this bullying is not limited to these other
activities which may cause distress, discomfort or humiliate another person are also fall under the umbrella

1
Mr. Shrashank Tripathi, Mr. Utkarsh Mishra & Mr. Kunwar Anirudh Singh.
2
Shweta Krishnappa, CYBER-BULLYING AND THE RELATED LAW IN INDIA, available at
http://www.legaleraonline.com/articles/cyber-bullying-and-the-related-laws-in-india (visited on Jan 1, 2019)
of bullying and if these acts are done by the bully through digital platform then it will be considered as
cyberbullying.3 The most common example of cyberbullying is posting any kind of humiliating content of
the victim, hacking of the victim's account, sending vulgar messages, stalking, threatening to commit an act
of violence, threats of child pornography etc.

Cyber bullying [can be, and is oftentimes,] just as harmful as bullying in the real world." The bullies attack
many of the same characteristics of a person that a school bully would, except with the proliferation of social
media, these attacks have become more personalized and may occur during any part of the day or night.
Social media profiles give people the ability to post pictures of anything they want. Whether it is pictures of
themselves, pictures of things that interest them or updates of their whereabouts, cyberbullies are given the
opportunity to pinpoint certain aspects of a person’s life to make fun of Cyberbullies carefully single out and
humiliate their target on social media publicly, oftentimes embarrassing them or sending hurtful messages. 4
Cyberbullying has emerged as a new type of violent behavior in the context of electronic communication
over the past 10–12 years as a result of the numerous communication opportunities that technological
advancement in electronics has made possible, particularly among adults and younger adolescents.

What makes cyberbullying so dangerous is that it gives bullies the ability to embarrass anyone they want in
public at any hour of the day, using multiple different types of technology. These can include devices such
as, cellphones, instant messaging platforms, tablets, interactive gaming websites, and even email. Kids are
using these platforms more frequently now, so it is becoming easier than ever to be a victim of these
prejudices, or even become a prime suspect.

DIFFERENCE BETWEEN TRADITIONAL BULLYING AND CYBERBULLYING

Both traditional bullying and cyberbullying have an unpleasant impact on the victim, and recovery is quite
challenging for those who have experienced it. Because everyone in India has constant access to the internet,

cyberbullying is on the rise, and perpetrators often do so without considering the impact of their actions on
the target's life. Cyberbullying is especially concerning because, unlike traditional bullying, it may occur 24

3
Shivendra Pandey, “All you need to know about Anti-Bullying laws in India” available at
https://www.google.com/amp/s/blog.ipleaders.in/anti-bullying-laws/amp/ (visited on Jan 2, 2019)
4
https://cyberbullying.org/
hours a day, seven days a week. Furthermore, the bully can engage in the conduct while remaining
anonymous.

 Traditional bullying is mostly pre-meditated, cyberbullying is often impulsive.

Research indicates that cyberbullying is rarely premeditated like traditional bullying. Cyberbullying is often
done impulsively and not planned out like in traditional bullying where the bully plans the attacks.

 Traditional bullying is more predictable, cyberbullying can happen anytime and anywhere.

Traditional bullying is usually limited to certain times and places, for example, the playground or the way to
school. This gives the target some (although limited) sense of predictability, and there are times and places
where he or she can feel safe. In contrast, technology is everywhere: we have our phones and computers
around us all the time. Cyberbullying can happen 24 hours a day, 7 days a week and 356 days a year. It can
happen in our close proximity or through great distances. It is difficult for the target to find a safe space.

 Traditional bullying uses aggression and power to gain control; cyberbullying might not.

Furthermore, traditional bullying is characterized by the need for power and control, aggression and
proactively targeting the target. These characteristics may not be present in cyberbullying cases.

 Traditional bullying is done face-to-face, cyberbullying can be anonymous.

Cyberbullying is “an easier way to bully because unlike traditional bullying it doesn’t involve face to face
interaction.”3 Hiding behind the computer decreases empathy the bully feels toward the target. When we do
not see the person’s reaction to what we post or text them, we might not know that we have gone too far.
Desensitized by the computer screen, it becomes easier to say or do things we would not do to a person’s
face. Furthermore, while “traditional” bullies can mostly be identified, it can be very difficult to find out who
the anonymous cyberbullies are, making it easier for bullies to avoid seeing and facing the consequences of
their actions.

 The roles in cyberbullying are usually not as clearly divided as in traditional bullying.

In traditional bullying, we are usually working with a bully, target or bystander. Although we often find that
bullies have previously experienced violence themselves (perhaps when they were younger or by someone
with more power), the roles in each case are pretty clear. This is not necessarily the case in cyberbullying.
Young people often play multiple roles at once, such as cyberbully, target, and witness. There is also no
clear-cut profile of who can be the cyberbully and who can be the target, it can happen to anyone.

 Traditional bullying is done in secret; cyberbullying can go public and viral.

An especially problematic aspect of cyberbullying is that it often has many, many onlookers. Traditional
bullying is more often done in private than in public. But in cyberbullying, technology makes it easy to
quickly spread content to a large number of people. Online bullying can quickly become very public or even
viral. This wide audience makes the experience especially difficult and embarrassing for the target.

 Traditional bullying seems to have clearer predictors and risk factors than cyberbullying.

Current research in public health indicates that many “social” factors such as education, socioeconomic
conditions, access to services and resources, family ties, employment etc. are closely related to the person’s
general health and mental health, including the ability to avoid or cope with violence and “traditional”
bullying. Such connections with cyberbullying are less clear. It rather seems that there are no ‘typical’
cyberbullies and targets, it can happen to anyone. For example, it is well documented that in traditional
bullying males are more likely to become bullies than females; that older adolescents are more likely to bully
than preadolescents, and that bullies are more likely to have low than high self-esteem. For cyberbullying, on
the other hand, age, gender or self-perception do not seem to be reliable predictors. Interestingly, high-
quality relationships with important adults seem to be a strong protective factor in both types of bullying,
traditional and cyber.

MODES OF CYBER BULLYING

Cyberbullying can and is finished in different ways, yet the normal calculate every one of them is the
utilization of the web and a cell phone or PC, as well as the expectation to hurt the person in question. There
might be various methods of doing, some of which still can't seem to be found, however the most
broad/familiar modes that are utilized for cyberbullying are as per the following:

1. Flaming: When the harasser and the casualty keep on sending each other oppressive/offending
messages, messages, messages that can be very fierce in nature and terrifying, disdainful messages,
compromising messages, sending somebody's confidential pictures, and numerous different things,
this is alluded to as blazing. Flaming is the term for furious, hostile texts that frequently use
inappropriate words and sexual content. Flaming frequently happens in online conflicts and can lead
to a "flame war."
2. Excluding: Exclusion happens when a solitary individual, the person in question/focus of the
domineering jerk, is excluded from a particular gathering or visit box and the leftover individuals
from the gathering badger and pass scornful messages about that individual who has been designated
in the gathering, as well as sharing unequivocal pictures and individual messages of that individual.
Online social isolation is just as real as it is offline. Targeted people are either left off of different
"buddy" lists or are not permitted entry into chat rooms.
3. Outing: Outing happens when an individual's confidential picture or data is intentionally shared to
the overall population or presented on a virtual entertainment site for the point of bugging, fighting
 back, or only harassing for no particular reason. The individual whose data or photos have been
generally dispersed is alluded to as "exposed." Outing, also known as doxing. In the case of
cyberbullying.
4. Trickery: Trickery is similar to outing, with an added element of deception. In these situations, the
bully will befriend their target and lull them into a false sense of security. Once the bully has gained
their target’s trust, they abuse that trust and maliciously share the victim’s secrets and private
information with others. Trickery and outing frequently go together. The bully coerces the target into
revealing details or making claims, which the bully subsequently makes public in an effort to make
the target look bad. This is the method used by former friends to leak confidential information or
humiliating pictures.
5. Cyberstalking: The Cyberbullying Research Center offers this definition of cyberstalking: “the use of
technology (most often, the internet) to make someone else afraid or concerned about their safety.” A
particularly serious and potentially harmful form of cyberbullying, cyberstalking is a federal crime
punishable by prison time and steep fines. Examples of cyberstalking include:
a Making threats via text, instant message, email, or social media
b Using sensitive photos or information to demand sexual favors (aka sextortion)
c Tracking a person’s online movements and actions
d Posting harassing or threatening statements about a person on social media
6. Fraping: Fraping is a combination of the words “Facebook” and “rape.” No longer limited to
Facebook alone, fraping occurs when a bully gains control of someone’s social media account and
posts content intended to humiliate or embarrass the victim. While fraping is sometimes a harmless
joke played on a friend who’s unknowingly left their phone or computer open to access, when it is
done with malicious intent, fraping can be particularly harmful to the victim if it threatens their self-
identity, harms their personal reputation, or violates social norms.
7. Dissing: Dissing refers to the act of a bully spreading cruel information about their target through
public posts or private messages to either ruin their reputation or relationships with other people. In
these situations, the bully tends to have a personal relationship with the victim, either as an
acquaintance or as a friend.
8. Masquerading: Masquerading is similar to fraping. However, instead of assuming control of another
person’s account, masquerading is the act of creating a fake online profile or identity and
impersonating someone without their consent. It often includes creating a made-up email account or
social profile, then sending or posting harmful or humiliating content. Advanced technical abilities
are needed for masquerading
9. Trolling: Trolling is when a person intentionally tries to incite negative reactions by posting
inflammatory or attacking comments online, such as in a Reddit thread or a social media group.
Trolling is a form of cyberbullying when it is done with malicious and harmful intent. Trolling
bullies tend to be more interested in creating conflict generally and do not have a personal
relationship with their victims.
 10. Impersonation: In order to harm the victim's reputation, the bully would impersonate the victim
online by making a fake profile or claiming to be the victim while saying hurtful things.

CAUSES OF CYBER BULLYING

CAUSES IN GENERAL

Everything that is done has a purpose for why it is done, and vice versa. Cyberbullying occurs for a variety
of reasons; there is no single cause; those who engage in it lack a feeling of responsibility and a knowledge
of how their actions might damage anybody, emotionally or physically. Some of the most prevalent
motivations for cyberbullying include:

1. Power: Some people do not believe they are powerful enough in school, college, or even at home, so
they use cyberbullying to demonstrate their authority. A person who has experienced bullying in the
past and who continues to act victimized until they go online and decide to torture someone else is
the bully in this scenario. They believe that by doing so, they would feel more powerful and superior.
2. Social Status: Many people engage in cyberbullying in the mistaken belief that it would help them.
They could help their social waiting there, slandering others and spreading misleading data, remarks,
interesting facts of gossip, etc. Cyberbullying is sparked by two factors: social status and political
influence. which while largely similar, sound different. The outcome of cyberbullying for they want
to accomplish notoriety and a high friendly situation among individuals that encompass them.
3. Retribution: One more pervasive reason for cyberbullying is retaliation, which can be one's own or
another person's; multiple occasions, people annoy, affront, slander, and assault others to correct
revenge. The harasser accepts that this is the best technique to correct retaliation or to act as a
deliverer for other people. These are individuals that keep quiet, in actuality, yet become very
threatening in the internet.
4. Diversion: Many people engage in cyberbullying for amusement; when they are worn out and
mindlessly sit around, they go online and use the internet to find their logical victim. Individuals
embrace cyberbullying to satisfy themselves since they just have to utilize their telephone or sit
before their PC and with a solitary snap, they can menace somebody on the web and appreciate it;
they like seeing others in issues and getting injured. They have no clue about how their activities will
impact the person in question; regardless of whether the casualty responds to them, it will bring about
an unnecessary amount of harassing; such domineering jerks are restless for responses from their
objectives.

IN THE LIGHT OF PANDEMIC

During the COVID-19 pandemic, there is an upsurge in the utilization of computerized stages by youngsters
and teens. They use web stages for educational targets as well with respect to individual utilization.
Understudies who are inclined to harassing are bound to cyberbully because of the expanded utilization of
PDAs and online entertainment. We presently have understudies being instructed internet based through
different destinations, for example, Zoon, Web Ex, Google Study Hall tasks, Moodle, Minecraft for self-
teaching, and Microsoft Office 365 Self-teaching pilot program. "Stress and emotional wellness issues might
be disturbed by cyberbullying, especially among people who have gone through psychological
mistreatment," as indicated by the American Juvenile Mental Affiliation. With a limitless number of targets
and youngster and juvenile domineering jerks on the web, everything seems OK. Furthermore, with such
countless guardians worried about showing their youngsters at home, guardians might be exhausted and not
focusing on the thing their kids are doing internet during non-school hours. Although cyberbullying has been
around for a while, we live in unusual times, additionally, when youngsters are stressed out and worn out,
cyberbullying is more likely to occur.

IMPACTS OF CYBERBULLYING

Any type of bullying can have physical and psychological effects on a child. Anxiety, fear, depression, low
self-esteem, behavioral issues, and academic struggles are just of the few challenges kids may experience if
they are targets.5 Cyberbullying, however, may be particularly damaging.6

There are several possible reasons for this. For example, unlike traditional bullying—which is often limited
to school and known bullies—cyberbullying can occur at any time, day or night, and be perpetrated by
anonymous sources. This makes it more relentless and, often, more cruel.

While cyberbullying can happen in a public digital space, like on social media post, it can also take the form
of private messages—leaving some kids managing this secret, and its effect on them, alone. Being aware of
all of the effects of cyberbullying cannot only help you support a child you know is affected, but help you
become more aware of signs that may be reason for concern—and a conversation.

Emotional Effects of Cyberbullying

Not surprisingly, cyberbullying can be a significant stressor in a young person's life. In fact, research shows
that 32% of kids who are targets of cyberbullying report experiencing at least one symptom of stress. 7 In
addition to feeling distressed, they also may feel embarrassed, hurt, and even fear for their safety. They may
even blame themselves for the cyberbullying. 8 Below are some additional emotional ramifications of
cyberbullying. If you notice a change in your child's mood, don't hesitate to reach out to a health care
provider for evaluation and support.

5
Current perspectives: the impact of cyberbullying on adolescent health. Adolesc Health Med Ther
6
Defining cyberbullying. Pediatrics.
7
Current perspectives: the impact of cyberbullying on adolescent health. Adolesc Health Med Ther
8
ibid
Humiliation

Because cyberbullying occurs in cyberspace, online bullying feels permanent. Kids know that once
something is out there, it will always be out there. They can feel exposed, embarrassed, and overwhelmed.
When cyberbullying occurs, the nasty posts, messages, or texts can be shared with multitudes of people. The
sheer volume of people that know about the bullying can lead to intense feelings of humiliation. 9

Isolation

Cyberbullying sometimes causes kids to be excluded and ostracized at school. Consequently, they may feel
alone and isolated. This experience can be particularly painful because friends are crucial at this age. When
kids don’t have friends, this can lead to more bullying.

When cyberbullying occurs, parents sometimes recommend shutting off the computer or turning off the cell
phone. But for many kids, using these devices is considered the most important way they communicate with
others. Turning them off often means cutting off their connection with their world, which can make them
feel more secluded.

Anger

Many victims of cyberbullying will get angry about what is happening to them. In fact, research indicates
that anger is the most common response to cyberbullying (followed by being upset and worried). Some kids
that are victimized may even plot revenge and engage in retaliation. Aside from the trouble they could get
into, this approach is dangerous because it can keep them locked in the bully-victim cycle. If your child
seems intensely angry over cyberbullying, it may help for them to speak with a counselor or therapist who
can teach them to channel that anger in productive ways.

Powerlessness

Victims of cyberbullying often find it difficult to feel safe. They may feel vulnerable and powerless.
Typically, these feelings surface because the online bullying can invade their home through a computer or
cell phone at any time of day. They no longer have a place where they can escape. Additionally, because the
bullies can remain anonymous, this realization may escalate feelings of fear.1 Sometimes kids who are
targeted may have no idea who is inflicting the pain, although some cyberbullies choose people they know
and have no problem identifying themselves.

Mental Health Effects of Cyberbullying

9
ibid
When cyberbullying is ongoing, victims may relate to the world around them differently than others. For
many, life can feel hopeless and meaningless. They may lose interest in things they once enjoyed and spend
less time interacting with family and friends. And, in some cases, depression and suicidal ideation can set in.

Depression and Anxiety

Victims of cyberbullying may succumb to anxiety, depression, and other stress-related conditions. The added
stress of coping with cyberbullying on a regular basis can steal their feelings of happiness and contentment.
It also can increase feelings of worry and isolation. Research has consistently supported the notion that
increasing levels of cyberbullying lead to higher levels of depression. In fact, one study found that 93% of
those victimized by cyberbullying reported feelings of sadness, powerlessness, and hopelessness.

Low Self-Esteem

Online bullying can have an impact on self-esteem. Targets of bullying may begin to feel intense
dissatisfaction with who they are. As a result, they can begin to doubt their worth and value. Researchers
speculate that because young people have an intense psychological need to be part of and accepted by a peer
group, cyberbullying may cause psychological maladjustment, reduced well-being, and ultimately low self-
esteem.10

Academic Issues

Kids being victimized by cyberbullying may lose interest in school. As a result, they often have much higher
rates of absenteeism than non-bullied kids. They may skip school to avoid facing the kids cyberbullying
them or because they are embarrassed and humiliated by the messages that were shared online. Their grades
may also suffer because they find it difficult to concentrate or study. And in some cases, kids may either drop
out of school or lose interest in continuing their education after high school.11

Suicidal Ideation and Self-Harm

Sometimes targets of cyberbullying respond to their intense feelings by harming themselves in some way.
For instance, some might engage in self-harm such as cutting or burning themselves. In fact, research has
consistently linked bullying and self-harm.12 Cyberbullying also increases the risk of suicide. People who are
constantly tormented through text messages, instant messaging, social media, or apps can sometimes feel
hopeless and may consider harming themselves.13

10
Cyberbullying victimization, self-esteem and suicidal ideation in adolescence: does emotional intelligence play a buffering role?
Front Psychol.
11
Cyberbullying in children and youth: implications for health and clinical practice. Can J Psychiatry.
12
Karanikola MNK, Lyberg A, Holm AL, Severinsson E. The association between deliberate self-harm and school bullying
victimization and the mediating effect of depressive symptoms and self-stigma: a systematic review. Biomed Res Int.
2018;2018:4745791. doi:10.1155/2018/4745791.
13
Alavi N, Reshetukha T, Prost E, et al. Relationship between bullying and suicidal behaviour in youth presenting to the
emergency eepartment. J Can Acad Child Adolesc Psychiatry. 2017;26(2):70-77.
Behavioral Effects of Cyberbullying

Kids who are cyberbullied may display the same behavioral changes as those who are bullied in more
traditional ways. For example, they exhibit a loss of interest in activities and engage in secretive behavior. In
extreme cases, or when cyberbullying is prolonged, kids sometimes even exhibit more significant behavioral
changes. These can include:

Using drugs or alcohol: People who are harassed online are more likely to engage in substance abuse. In
fact, one study found that targets of cyberbullying were 2.5 times more likely to use marijuana or engage in
binge drinking than their peers.

Skipping school/ Divert from work: Sometimes when kids are cyberbullied, the thought of going to school is
just more than they can handle. Consequently, it's not uncommon for them to skip school or even behave in
such a way that results in suspension. In one survey, those who were cyberbullied reported two or more
suspensions or detentions in the prior year.14

Carrying a weapon: Even more concerning is the fact that people who are cyberbullied are more likely to
carry a weapon.

Physical Effects of Cyberbullying

Being targeted by cyberbullies can be crushing, especially if a lot of kids are participating in it. Possible
feelings of overwhelm and stress can manifest physically, which issues such as:

Gastrointestinal Complications: The stress of bullying also can cause or worsen conditions like upset
stomach, abdominal pain, and stomach ulcers. Kids may also struggle with frequent nausea, vomiting, and
diarrhea.

Disordered Eating: Kids who are cyberbullied may experience changes in eating habits like skipping meals
or binge eating. Because their lives feel out of control, they may look to their eating patterns as something
they can control. These efforts may morph into a full-blown eating disorder, especially if the bullying has
caused a distorted body image.15

Sleep disturbances: Experiencing cyberbullying can impact a person's sleep patterns. They may suffer from
sleep issues like insomnia, sleeping more than usual, or nightmares.

Core elements of cyber

bullying Intention: In general, the intention is also a keystone concept in criminal law. In order to, convict
someone of a crime, it is necessary to prove both that they committed wrongdoing and that they did so, or a
14
Examining the overlap in internet harassment and school bullying: implications for school intervention. J Adolesc Health
15
Cyber victimization is associated with eating disorder psychopathology in adolescents. Front Psychol.
guilty mind. As a result, several state cyberbullying statutes now mention deliberate actions. For instance,
"the delivery of any electronic textual, visual, written, or spoken message with the malicious and purposeful
aim to compel, abuse, torture, or frighten a person" is an example of cyberbullying. Intent is another
essential factor that sets cyberbullying apart from other harmful online behaviours, although it can be
challenging to account for in operationalizations16.

Repetition: Perhaps the most significant and recognizable aspect of bullying is repetition. For instance, most
people would concur that it is not bullying if two people bump into each other accidentally once in a school
corridor (even if a serious injury is involved). In a similar vein, punching someone in the nose only once—
never again—is not bullying; it may be assault, in which case the offender is certainly deserving of
punishment, but it is not bullying. In that it makes the target feel as though more assaults are about to
happen, bullying is a particular and distinctive type of cruel action. The target, then, is constantly concerned
about what the aggressor will do since bullying is continual 17. Harm: In bullying incidents, the person being
targeted has to be harmed in some way. The harm could be physical, emotional, psychological or behavioral.
The presence of harm must exist in some form, even though it is sometimes harder to detect and quantify,
especially in online situations. While the target’s experiences are used to evaluate harm, the aggressor's
perspective is used to determine intent18.

Imbalance of power: Popularity, physical strength or size, social aptitude, quick wit, extroversion,
confidence, IQ, age, sex, race, ethnicity, and financial standing are just a few traits that might provide an
attacker perceived or actual influence over a target. It is possible that ill-intentioned remarks or a humiliating
post from an aggressor who is physically stronger than the target cause more harm than if issued from an
aggressor who is weaker than the target because of the possibility of real-world bullying (since most targets
know their aggressors in real life).

Cyber Bullying scenario in India

In the Indian context, year by year, with increasing technology, cheap internet plans and the intense pursuit
of the dream of a “digital India” nowadays, most people have internet access through computers, tablets, or
mostly mobile devices. The threat of cyber bullying is dangerous and its evaluation and prevention is even
more urgent. The most vulnerable in this population are our children and teenagers, India ranks third in cyber
bullying. Cyber bullying is the practice of using electronic technology to harass, threaten, intimidate,
humiliate, and target victims. Cyber bullying is basically an electronic version of intimidation.

Cyber bullying is that which takes place over digital devices like cell phones, computers, and tablets. Cyber
bullying can occur through SMS, Text, and apps, or online in social media, forums, or gaming where people
16
Patchin, J. W., and Hinduja, S. 2015. Measuring cyberbullying: Implications for research. Aggression and Violent Behavior,
23:69–74.
17
Randa, R., and Wilcox, P. 2012. Avoidance at school further specifying the influence of disorder, victimization, and fear. Youth
Violence and Juvenile Justice, 10(2): 190–204.
18
Vandebosch, H., and Van Cleemput, K. 2008. Defining cyberbullying: A qualitative research into the perceptions of
youngsters. Cyberpsychology and Behavior, 11(4): 499–503.
can view, participate in, or share content. Cyber bullying includes sending, posting, or sharing negative,
harmful, false, or mean content about someone else. It can include sharing personal or private information
about someone else causing embarrassment or humiliation. The most common places where cyber bullying
occurs are Social-Media, such as Facebook, Instagram, Snapchat and Tik Tok. Text messaging and
messaging apps on mobile or tablet devices, instant messaging, direct messaging, and online chatting over
the internet. The content an individual shares online – both their personal content as well as any negative,
mean, or hurtful content – creates a kind of permanent public record of their views, activities, and behaviour.
Cyber bullying can harm the online reputations of everyone involved – not just the person being bullied, but
those doing the bullying or participating in it. What is clear is that cyber bullying can be extremely harmful
Numerous cases of cyber bullying in recent years have revealed the painful, insidious nature of cyber
bullying and the disastrous effects it has had on our children including depression, isolation, and, in worst
cases, suicide.

The increasing access to affordable data service has given rise to these faceless evil worldwide - young
children, in particular teenagers, being the most vulnerable victims. One in every three young people has
reported to be a victim of cyberbullying, according to a survey conducted by UNICEF in as many as 30
countries. The poll found that nearly one in five parents worldwide said their child had experienced cyber
bullying at least once. And, according to a majority of respondents, social networks including Facebook,
Instagram, Snapchat and Twitter are the most commonplace sites on which cyber bullying occurs. The
problem is particularly bad in India which had the highest rate of parents confirming instances of cyber
bullying. A total of 37% of parents across India said their child was bullied online, 14% among them said the
bullying occurred on a regular basis. Studies show cyberbullying can cause profound harm as it can quickly
reach a wide audience, and can remain accessible online indefinitely, virtually following its victims online
for life

Illustrative Case: Cyber Bullying

Indian laws have been silent on the problem and victimization of cyber bullying. The instances of the same
has been increasing over the years and has an alarming situation. In 2009 India was on the third position in
terms of cyber bullying cases across the globe. According to the cyberbullying 2024 statistics the top three
countries where parents reported the most cyberbullying are India at 38%, Brazil at 29%, and the U.S. at
26%. Cyberbullying is a serious issue that affects many people. India being the top most country in cyber
bullying there are many horrifying incidents of cyberbullying. Some of them are as follows:

 In 2016, a 15-year-old boy in Delhi also committed suicide after being bullied online. His classmates
had created a fake Facebook account in his name and posted offensive messages and photos.
 In 2018, a 14-year-old girl in Mumbai committed suicide after being bullied and harassed on social
media. Her classmates had created a fake Instagram account in her name and posted embarrassing
photos and messages.
  In 2019, a 16-year-old girl in Bangalore was bullied and harassed on social media by a group of her
classmates. They created a fake Instagram account in her name and posted explicit photos and
messages.
 There has been a flurry of high-profile cases that saw prompt arrests: 27-year-old Kolhapur resident
Shashikant Jadhav was arrested in August 2020 for cyberbullying Bollywood actor Sonakshi Sinha.
 In May 2023, Pant Nagar police in Ghatkopar (East) arrested Ramchandra Ambardkar for posting
obscene comments about women police officers on Twitter.
 Rithika Sharma Case: Facts of the Case - Ritika Sharma (name changed), who studies at a prominent
Delhi school, went to the police after being stalked by a Facebook user whom she had befriended on
the site a month ago. She had given her cellphone number to the man who was later found to be using
a fake name, photo and phone number. Experts say cyberbullying and cyberstalking are increasingly
becoming a daily problem for the city's schoolkids with people using electronic communication like
emailing, social networking and texting to harass or pursue them. Decision - Delhi Police has been
launching cyber safety awareness programmes in schools in which students are informed to avoid
giving personal information online to anyone they don't know.
 Ritu Koli Case - Facts of the Case - The fact that cyber stalking does not involve physical contact
may create the misperception that it is more benign than physical stalking. This is not necessarily
true. As the Internet becomes an ever more integral part of our personal and professional lives,
stalkers can take advantage of the ease of communications as well as increased access to personal
information. Whereas a potential stalker may be unwilling or unable to confront a victim in person or
on the telephone, he or she may have little hesitation sending harassing or threatening electronic
communications to a victim. As with physical stalking, online harassment and threats may be a
prelude to a more serious behaviour, including physical violence. Decision - The Delhi Police has
registered India‟s First Case of Cyberstalking in 2001 where a lady named Ritu Kohli complained
that a person who was using her identity to chat over the Internet at the website www.mirc.com was
also deliberately giving her telephone number to other chatters encouraging them to call Ritu Kohli at
odd hours. As a result of which, Mrs. Kohli received an estimate of 40 calls, national as well as
international, during odd hours within 3 days. A case was registered under section 509 of the Indian
Penal Code (Word, gesture or act intended to insult the modesty of a woman).

These are just a few examples of the many incidents of cyberbullying that have occurred in India the list
keeps on going in infinite leaving us speechless.

Cyberbullying and laws

Cyber bullying is an injury which leaves it scars for the rest of the life. To cope up with it is difficult. To
keep quiet about it and letting go the bullies is not the solution to it neither does it help the victim to
overcome it. Letting go bullies without reporting or bringing out an action against them can lead to potential
attacks and also aggression in the bully, seeing them free of any harm. There are no specific laws in India
which provide protection against cyberbullying. However, There are provisions available against cyber
bullying in criminal law.

Legal provisions

The Information Technology Act, 2000

1. Bullying using someone’s account without their permission is a punishable offence under Section
66C of the Act, however section does not specifically states the same but punish those who commit
thefts of identity, that is if any person uses password of any other person or other unique identities
without his consent then as per Section 66C the offender will be liable for the imprisonment up to
three years or a fine which may extend up to one lakh.
2. There are some cases where bully does not use his identification but personate as another person if in
this process, he uses the computer program and cheats another person then such cheating by
personating someone is punishable under Section 66D with imprisonment which may extend up to
three years with fine up to one lakh.
3. Posting nude picture is worst type of bullying, posting nude picture on social media platform is
punishable under Section 66E of the Act, Section 66E punishes such offender who violates the
privacy of victim by posting, sending, printing photos of victim private body parts without her
 consent, section 66E even punish capturing of victim picture intentionally, the punishment under this
section may extend to up to three or fine up to two lakh or both.
4. Information Technology Act punishes publication of obscene material under section 67 with
imprisonment of three years or fine up to five lakhs, if the offender commits this offence for the first
time but if the offender commits this offence the second time then the imprisonment may be of any
term up to five years and fine up to ten lakh rupees.

The Indian Penal Code, 1850

IPC Sections Type

Section 292 A Blackmailing
Section 354 C Voyeurism
Section 354 D Stalking
Section 499 Defamation
Section 507, Section 509 Intruding

 Section 292 A

This section deals with the printing of any matter in grossly indecent manner or matter intended for
blackmail; it includes printing, selling or conveying any printed or written document which is indecent or
intended for blackmail. Taking part in or receiving any profit from such business which includes sale,
import, export or printing etc, of such materials or advertising the same which would be injurious to
morality, is punishable under this provision.

 Section 354 C

This section deals with voyeurism. Under this provision, if any man who captures the image or watches any
woman engaged in some private act in such circumstances where she presumes privacy or spreads such
images to a third party, would be considered as an offence. This provision is gender specific, i.e.it only
covers males. Females are not punished under this provision. On first conviction, he shall be punished with
imprisonment which should not be less than 1 year and this may extend to 3 years with a fine. This
imprisonment increases on a second conviction of at least 3 years which may extend to 7 years with a fine.

 Section 354 D

Section 354 D defines stalking as : When a man follows a woman and contacts her, or tries to contact her to
stimulate personal interaction frequently even when she shows a clear intention of disinterest. Monitors the
activity of the woman online through various communication methods like email, messaging apps.
This section only covers women. Any stalking of males is not covered under Section 354 D. In the case of
the State of West Bengal v. Animesh Boxi (2018), the accused hacked the victim’s phone and took control of
some of her private pictures. He blackmailed her by threatening to post those pictures on a pornography
website. Here the court held that the victim has suffered from virtual rape. Thus the accused will be
convicted under Section 354 D of IPC.

 Section 499

This section deals with defamation. As discussed in this section, the scope of defamation is quite broad.
Along with offline defamation in written or oral form, it also includes any speech or document in online
format which are posted on online platforms by any person which tends to harm the reputation of any other
person. Such a person will be considered as doing online defamation and he will be penalized under Section
500 of IPC which deals with the punishment of the same. The punishment is simple imprisonment which
may extend to 2 years or a fine or both.

 Section 507 & Section 509

This section specifically addresses criminal intimidation through the use of anonymous communication. It
means that when any person through a fake identity (which is not known), or through an unknown
telecommunication source; it may be any social media platform, threatens another person shall be punished
with imprisonment of maximum of 2 years.If a person does any act or utters any word or makes such
gestures or sounds with the intention to intrude on the privacy and to offend the modesty of women, he shall
be punished with simple imprisonment which may extend to three years with a fine. The intention is the
most important essential of the section. If any person tries to harass a woman through electronic mode or by
using any telecommunication device shall be punished with fine and rigorous imprisonment which shall not
be less than two months however this rigorous imprisonment may extend to 2 years also.

POSCO Act, 2012

Protection of children from sexual offenses (POCSO) is a comprehensive regulation that guards against the
horrible actions of sexual assault, sexual harassment, and pornography for minors under the age of 18.

Government initiatives

The Nirbhaya funds scheme

It is an initiative of the Government of India under the Nirbhaya funds scheme for ensuring the safety of
women and children (2013). The ministry of home affairs generated a single number (112) which was under
the Emergency response support system (ERSS), to cope with any emergencies where immediate assistance
from police, fir, and rescue, or any other help is required. Link: https:// 112. gov. in/
Cyber Crime Prevention against Women and Child:

The CCPWS system establishes several sections that are in charge of reporting online criminal actions and
related investigations, examining complaints of cybercrime, and spotting any concerning cybercrime
circumstances. The scheme has an estimated outlay of Rs. 223.198 crores overall, and its key components
are listed below:

 Online cybercrime reporting platform

 One national level cyber forensic laboratory
 Training of Police officers, judges & prosecutors
 Cybercrime awareness activities
 Research & Development

More than 3800 complaints were received on www.cybercrime.gove.in in the year 2019.19

Indian cybercrime coordination center (I4C) scheme

I4C serves as a crucial weapon in the battle against cybercrime to deal with all forms of cybercrime in the
nation in a coordinated and all-encompassing way, preventing the needless use of social space. Additionally,
it is aided in working on many projects by multinational organizations and the rapid growth of technology.
Its goal is to address a variety of concerns raised by internet media, with a focus on victims who are women
and children. It also aims to raise awareness among young people and encourage the quick reporting of
financial frauds in order to deter thieves from stealing money.

Cybercrime reporting portals & helplines

National cybercrime reporting portal

The NCCR site is a government of India programme that allows victims of criticism, particularly women and
children, to register online complaints. They respond to complaints as soon as they are made, with the
support of the local police. Technology currently outperforms all conventional methods and is quicker than
the offline process for reporting cybercrime. The National Cyber Crime Reporting Portal allows for the
registration of cybercrime complaints, which enables the filing of complaints about cybercrimes across the
country and allows victims and complainants to easily access cybercrime cells and all relevant information.
The victim of a crime can also registers with a nearby cyber-crime cell as an alternative to making a formal
complaint. Cyber Crime Portal State-wise, Nodal cyber cell officers and grievance officers’ contact details
and e-mail IDs are provided on the website https:// cybercrime. gov. in/

Portal for women and children

19
https://pib.gov.in/Pressreleaseshare.aspx?PRID=1559115. Press Information Bureau Government of India Ministry of Home
Affairs. Cyber Crime prevention against Women and Children.
 Portals
National women helpline
number 181 and e-mail
Childline 1098
National Commission for
Women Helpline:
7827170170
MahilaBol helplined
number: 01244007444
Description
181 is the number for the national women's helpline. Additionally, a special
e-mail address called Complaint-mwcd@gov.in has been established for
women and children to use when reporting cases of abuse, harassment, and
offensive social media content.
Childline 1098 services have been developed by the CHILDLINE INDIA
FOUNDATION (CIF), the nodal organization of the Union Ministry of
Women and Child Development, and they offer free 24/7 assistance to
emergency needs regarding issues related to children's rights and child
protection throughout the nation. dial1098@childlineindia.org.in is an
alternative email address to use for complaints.
In accordance with the National Commission for Women Act of 1990, the
National Commission for Women was established to review the
constitutional and legal protections for women and to make
recommendations for corrective legislative actions. Additionally, a helpline
was established to provide women with a digital complaint registration
system. Moreover, it aids in the resolution of any disputes and provides
government advice on all issues of policy that impact women. Link:
http://www.ncw.nic.in/helplines
In December 2017, MahilaBol started in India in partnership with the
Government of India and the United Nations to end the menace of sexual
harassment of women in the workplace. Link: https://mahilabol.org/women-
helpline/

Anti-bullying or cyberbullying laws in India for schools and colleges

The HRD ministry has established anti-ragging committees in response to the sharp rise in bullying in
schools, particularly in boarding institutions in India, in an effort to lower the incidence of bullying. These
committees focus on disciplining students who participate in these activities, which may include rustication
in cases of significant bullying activity. With proper UGC policies on reducing the prevalence of ragging in
higher institutions, the University Grants Commission announces anti-ragging measures for universities and
colleges.20

Prevention

Other than being dependent on technology for prevention of cyber bullying, teachers, parents, and students
themselves need to take measures to prevent such offence. There can be advertisements on the effects of

20
Kaur, M., and Saini, M. 2022. Indian government initiatives on cyberbullying: A case study on cyberbullying
in Indian higher education institutions. Education and Information Technologies, 1-35.
cyberbullying and its concept. Anti-ragging cells and also posters in the school can help to prevent it. 21
School authorities should make students understand the concept of cyber bullying, its consequences and
effects. They should teach cyber ethics to the students and impart knowledge of laws against cyberbullying.
Schools can prevent the same by organizing some activities or interactive sessions to give them the whole
idea of cyber bullying. Schools should also include in the policy, their right to interfere in actions of a child
off-campus which affects the children on-campus too. There should also be a teacher in the school, a
counselor who can look into the matter of cyber bullying and help the victim to cope up with it. School
should also monitor the internet activities of the students and should take necessary disciplinary actions
against the same. Parents should explain students what is cyber bullying, should help their child if he has
become a victim of the same. Parents should keep a check on the internet usage and activities of their child.
They should also make some rules in the house related to internet usage. They should maintain healthy
relations with the child and should encourage the child to tell them if they are being bullied. They should
International Journal of Pure and Applied Mathematics Special Issue 1820 also save evidences and guide the
child as to what he can do to overcome it or avoid it. They should keep him busy and also motivate him
about positive things. They should make complaint as soon as possible. Parents should inform the school
authorities also. They can also seek protection from the court by filing a case.

Conclusion

Indian laws are competent and well drafted to punish traditional offences on the physical space. Some laws
to punish offences on cyberspace are well drafted to meet the ends of justice. The interesting aspect of cyber
space is that it is growing and evolving unlike physical space. Due to the same reason, what shape the crimes
might take place is still not fully foreseen; cyber bullying is one such crime. It can take place in many forms
and can be tried under different provisions of existing laws but doing so will affect evolution of cyber laws
in India. There is a need for defining separate laws for the purpose of cyber-crime offences since the mode,
consequences, gravity and probable targets are different. Cyber bullying is one of the offences which can
take an ugly shape in the future and needs to be addressed soon. In making of the cyberbullying law,
lawmakers should take opinion of the psychiatrist since such offence affects the psyche of a child very much.
The law should be made considering the psychology of people involved and the legal expertise of law
enforcements. If law is not made, many cyberbullies will be left open and victims will have to suffer the
consequences and defeating the concept of justice.

21
https://cyberbullying.org/Top-Ten-Tips-Teens-Prevention.pdf