In The Information Technology Act, 2008

The IT Act of 2008 does not directly deal with the offence of stalking.

Section 72 of the Act is used to deal with the offence of stalking which reads as follows: Any person who, in pursuant of any of the powers conferred under this Act, rules or regulations made thereunder, has

• secured access to any electronic record, book, register, correspondence, information, document or other material
• without the consent of the person concerned
• discloses such electronic record, book, register, correspondence, information, document or other material to any other person shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.

Section 67 prohibits and punishes with imprisonment extending up to three years and fine for the first conviction and to five years and fine upon second conviction, the publication, transmission and causing of transmission of obscene content.

Section 67A has culled out a special category called material containing a ‘sexually explicit act’. The publication, transmission or causing of transmission of such material is punishable with imprisonment extending up to five years and fine for first conviction and to seven years and fine upon second conviction.

Section 66A of IT Act, 2008 provides:

Any person who sends, by means of a computer resource or a communication device

(a) any information that is grossly offensive or has menacing character; or

(b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, persistently by making use of such computer resource or a communication device,

(c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages, shall be punishable with imprisonment for a term which may extend to three years and with fine.

This section was struck down in Shreya Singhal v. Union of India in 2015 as it arbitrarily, excessively and disproportionately invaded the right of free speech and was so wide that any opinion on any subject would come under its ambit.

Conclusion:

It’s also important to tell the bully to stop.

The person may see the unwanted behaviour as a joke or posting what they said as acceptable. In telling them it’s not acceptable, they can’t say they didn’t know and excuse it as a prank. Sending a single message telling them to stop can serve as evidence against the person when you contact police, employers, or school officials. Sometimes, a cyberbully is a former friend or they may pretended to be one. As with cyberstalkers, if the bully had access to your computer, you should change passwords. The same applies if you used their computer. If your password was logged or the site was set to remember you on your next visit, the bully could log on to the site as you. To protect yourself from any monitoring tools or devices, you should check your computer for any USB sticks or devices that may have been plugged in and run a scan for any malicious software that may have been installed. In addition to this, follow the steps we discussed in the previous section to protect yourself.

Hence, it is very important to lodge a complaint if you are facing any harassment online.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on Facebook, Twitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge