This article has been written by Ms. Muskan Chugh, a student studying Ll.B. from Department of Laws, Panjab University, Chandigarh. The author is a 2nd year law student.  

Cyber crimes meaning

Crime in simple terms means an offence which is prohibited by law and is punishable. Cyber crime refers to the crimes which are done using internet, i.e. virtually. Some of the examples of cyber crimes are hacking, phishing, cyber bullying etc. Such kind of crimes have increased in today’s time as the use of internet has increased multiple times. 

Cyber bullying

This is a type of cyber crime. In today’s era, when the use of smart technology has increased to such an extent that living without it seems so difficult, the crime rate has also increased. 

Bullying means to do some act voluntarily to cause harm physically or mentally to the other person or humiliate that person publically. Two people involved are known as bully and victim. 

Cyber bullying refers to the bullying, but it is done virtually through any digital platform. Some of the examples of cyber bullying are- 

• sending obscene material via social media sites
• hacking victims account
• threat of violence
• sending or posting vulgar messages
• impersonation
• trolling
• threat of child pornography
• phone calls by stalker
• posting any kind of humiliating content about victim, also known as outing 

Effects of cyber bullying 

When bullying happens online it can feel as if you’re being attacked everywhere, even inside your own home. It can seem like there’s no escape. The effects can last a long time and affect a person in many ways:

Mentally – feeling upset, embarrassed, stupid, even afraid or angry 

Emotionally – feeling ashamed or losing interest in the things you love

Physically – tired (loss of sleep), or experiencing symptoms like stomach aches and headaches 

The feeling of being laughed at or harassed by others, can prevent people from speaking up or trying to deal with the problem. In extreme cases, cyberbullying can even lead to people taking their own lives. 

Cyberbullying can affect us in many ways. But these can be overcome and people can regain their confidence and health.

How the law protects people from cyber bullying

The laws in India protects its citizens from cyber bullying through various provisions laid down in Indian Penal Code,1860 and Information Technology Act, 2000. The provisions are- 

1. Section 292 A, IPC- Printing or exhibiting grossly indecent matter. 

This section states that Whoever tries to print or exhibit any material which is indecent or against public policy to the public at large through any means is to be held liable. 

The punishment may extend to two years or fine or with both. 

1. Section 354A, IPC- Sexual harassment and punishment for it

According to this section, any man who asks for sexual favours through any medium be held liable for rigorous imprisonment which may extend to three years or fine or with both. 

Or if any man makes sexually coloured remarks (which are very common nowadays in this internet world) be held liable for a term which may extend to one year or fine or both. 

1. Section 354D, IPC – Stalking 

According to this section, any man who monitors the whereabouts of a woman through any form of electronic communication, internet, email etc. shall be held liable for the offence of stalking. 

The person shall be held for imprisonment of three years and with fine on first conviction and on subsequent conviction, with imprisonment of five years and with fine. 

1. Section 499, IPC- Defamation

Defamation means using of such words or spreading of such content about any person in public which would harm his/her public image and will result in humiliation of that person. The person doing this act have the knowledge that such an act will ruin the reputation of other person. It can be done through any medium, physically through mouth or virtually by spreading some content. 

Any person who engages in this act shall be punishable with imprisonment for two years or with fine or both. 

1. Section 66E, IT Act,2000- Punishment for violation of privacy

Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both.

This section states that if any person captures some private pictures of other and then transmits it and violates the privacy of that person shall be held liable with imprisonment which may extend up to three years or fine not exceeding two lakhs or both. 

Transmits here refers to circulation of a image or content electronically with the intention that it should be viewed by a number of people. 

1. Section 67A, IT Act,2000- punishment for publishing or transmitting of material containing sexually explicit act etc. in electronically form

Whoever publishes or transmits any content which contains obscene material containing sexually explicit act in electronic form shall be punishable with the imprisonment which may extend to five years or with fine of ten lakhs on first conviction and with imprisonment which may extend to ten years and fine of ten lakhs on subsequent conviction. 

1. Section 67B, IT Act,2000- punishment for depicting children in sexually explicit act in electronic form

If any person transmits content which depicts children engaging in sexually explicit act through any electronic platform will be held liable and be punished with imprisonment which may extend to five years or fine which may extend to ten lakhs on first conviction and on subsequent conviction, with imprisonment which may extend to seven years and fine which may extend to ten lakhs. 

Cases- 

Ritu Kohli’s case 

This lady Ritu Kohli filed a grievance as she was being personified by someone else on web media and she was getting calls on her number from unknown people. 

Ritika Sharma’s Case 

This girl Ritika, was a school going child who gave her personal details to some Facebook friend who was now no more her friend. Her sister filed a grievance regarding this and after this occurrence, Delhi police coordinated a mindfulness program where every one of the understudies was told not to send their subtleties to any more peculiar.

Present scenario 

In India, there is a colossal expansion in digital harassing cases. However, the number of cases reported are not proportionate to the genuine number of cases because 9.2% of the children didn’t educate their educators and guardians regarding getting harassed. As per Child Rights and You (CRY), 1 out of 3 grown-ups get tormented ordinary and the greater part of them are matured between 13-18 years. As per the National Crime Records Bureau, there is a 36% expansion in digital following and digital harassing cases in India.

Conclusion

This twenty first century is the era of technology and internet. And this internet era has brought with it a number of pros and cons. One of the cons is cyber bullying. It has increased with the increase in use of internet, especially during the COVID times. The law makes had made laws to protect the people from it but it is difficult to manage something when it gets transmits on the internet. It is not easy to remove it from everywhere, which somehow ends up in giving mental trauma to the person who suffers from it in its gravest form. 

References

Indian Penal Code, 1860

IT Act, 2000

PSA Pillai’s Criminal Law 

https://indiankanoon.org/ 

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