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 2^nd year law student.  

Meaning

Offence is something which is done to cause harm to the other person and is legally prohibited and punished. 

Cyber crime is the crime which is done using internet through some electronic platform. These crimes have increased due to increase in the use of internet in the whole world. 

Types 

Cyber crimes can take place in different forms/ types. Some of them are-

• Hacking- It is the intrusion in one’s computer system and doing stuff which could cause loss to the victim.

• cyber stalking- it refers to monitoring the activities of a person through electronic means for ex. Using emails etc. 

• cyber bullying- it means bullying a person using electronic platforms. 

• phishing- the offender usually sends a mail 

• Spyware- it means spying a person using electronic platforms without the knowledge and consent of other person. 

Conventional cyber crimes include-

• Cyber defamation

• Corporate cyber smear

• Digital forgery 

• Email spamming 

Is cyber bullying part of cyber crime?

Yes. Cyber crimes is a genus and cyber bullying is a specie. Any form of cyber bullying is cyber crime but not every Cyber crime is bullying.  Which means that cyber crimes is a wider term and cyber bullying is just a part of the cyber crime. 

Legislation has enacted various provisions in the Indian Penal Code 1860 and Information Technology Act, 2000 for the protection of people from cyber bullying. It is as follows- 

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. 

2. 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. 

3. 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. 

4. 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. 

5. 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. 

6. 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. 

7. 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. 

Case laws 

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. 

Shankar v. State Representative 

Facts: The petitioner approached the Court under Section 482, CrPC to quash the charge sheet filed against him. The petitioner secured unauthorized access to the protected system of the Legal Advisor of Directorate of Vigilance and Anti-Corruption (DVAC) and was charged under Sections 66, 70, and 72 of the IT Act.

Decision: The Court observed that the charge sheet filed against the petitioner cannot be quashed with respect to the law concerning non-granting of sanction of prosecution under Section 72 of the IT Act.

Conclusion

In whole, cyber bullying is a cyber crime which is rapidly rising and the administrating authorities which deal with the cases are trying to solve these cases as expeditiously as possible so that the victim should not suffer mentally. 

References

Indian Penal Code, 1860

IT Act, 2000

KD Gaur Criminal Law

https://indiankanoon.org/

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