What is CYBER STALKING? | Explanation and Legal Provision

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Meena prepares to go to her friend’s birthday party in the evening. She was very excited. As soon as, she reaches the party, she receives a WhatsApp message from some unknown number “Go home soon”. Meena gets nervous, looks around her but cannot understand who is messaging her like this.

Meena remains uneasy throughout the party and comes home fearful. When she comes home and goes to her room, then again a message comes, “Sleep early, don’t you have to come to college in the morning, “.

Meena is horrified, cannot sleep all night. She could not understand what to do, whom to talk to. If I tell it my parents, then they too will come under tension and I will have to stay imprisoned at home.

In the morning Meena gets ready for college, thinking that she will tell the whole thing to Jyoti. On the way, Meena again recieves two more messages from the same number. Now she lost her endurance and tells everything to Jyoti weeping. Jyoti acts with courage and takes Meena to introduce to her uncle who is a police officer.

The officers explain to these two girls that when someone is chasing you or keeping a watch at you, it is called stalking (stalking), and if the same thing is done by using an electronic device or internet then it is called cyber stalking. Whether it may be stalking or cyber stalking, it’s a legal offense and must be reported to authorities.

Yes guys, what is this stalking or cyber stalking?

What are its legal provisions and

How to report it?

Today we are going to talk on this.

Nowadays, most people share their personal information on social media, which makes it easier for stalkers to stalk you.

If someone stalk you online, it is called CYBER STALKING.

CYBER STALKING can be done using any electronic device or network. This is a type of CYBER CRIME. There can be many reasons for doing this, such as JEALOUSY, PHYSICAL ATTRACTION, imposing POWER and control on someone, blackmail, making prank etc. CYBER STALKING occurs more often with women and children. STALKERS do all this without revealing their identity. They keeps an eye on all your activity.

First we will talk about the difference between PHYSHICAL STALKING and CYBER STALKING.

1 Geographical proximity

In PHYSICAL STALKING, stalker monitors the victim by staying nearby, while in CYBER STALKING the stalker does not need to be around victim, he can chase from anywhere and extract information.

2. Predictability   

In PHYSICAL STALKING, investigator can easily detect the stalker while in CYBER STALKING it is not so easy to detect the stalker, as he can hide his identity.

3. Familiarity with the victim 

In PHYSICAL STALKING, in most of the cases stalker is a person around you, such as your relative or your neighbor while in CYBER STALKING stalker can be anyone and can be anywhere.

4 Anonymity 

In PHYSICAL STALKING, it is difficult for the stalker to hide his identity, but in CYBER STALKING, the stalker conceals his identity and if he has a good knowledge of technology, can also hide his identity in the virtual world.

Now we will know what are laws for CYBER STALKING in India

CYBER STALKING can happen to anyone but it is found that mostly female fall prey to it easily. According to a report it has been found that 60% of the female are victimized.

Let’s discuss about, which are important Sections to deal with cases of CYBER STALKING, ,

1 Section 354D of IPC

Section 354D of IPC, which was earlier only about physical stalking, later in the Criminal Amendment Act 2013, after Delhi gang rape (Nirbhaya case) cyberstalking was also included. In this section it is considered a crime to chase any woman or keep track of her without her knowledge or willingness.

2. Section 292 of IPC & Section 67 of Information Technology Act 2000

If a stalker sell, give, forward to the victim, publicize, or promote any kind of content, image or photograph or any other obscene object, whatever it may be, then he / she will be guilty under section 292 of IPC and Section 67 Information Technology Act 2000. Section 292 of IPC is especially for women victim whereas Section 67 of IT Act 2000 is applicable to all, irrespective of gender.

3 Section 507 of IPC

If the stalker hides his identity before or after threatening, then he will be guilty under the Section 507 of IPC.

4 Section 509 of IPC & Section 67A of Information Technology Act 2000

If a person hinder a woman’s privacy or modesty through words, gesture, sound message or e mail, or because of a post on social media, he is considered guilty under section 509 of IPC and section 67A of Information Technology Act 2000. Section 509 of IPC is especially for women victim whereas Section 67A of IT Act 2000 is applicable to all, irrespective of gender.

Friends, note that in this law both publishing and transmitting of objectionable content is considered a crime, ie putting such post on social media and transmitting by like, share or comment both come in the catagory of crime.

5. Section 67B of Information Technology Act 2000

If a stalker engages and then terrorizes children below 18 years of age i.e. minor, then he / she will be convicted in the section 67B of Information Technology Act 2000.

6. Section 66E of Information Technology Act 2000

If a person intentionally and knowingly breaches the privacy of anyone or publishes the private area by capturing the image, then he will be guilty under the section 66E of Information Technology Act 2000. Secretly installed CCtv camera is also punishable crime in this category.

7 Section 354C of IPC

If a man see or take a picture of a woman in situations where she is engaged in her private act, where it is expected that no one is watching at her, then the man will be guilty under the Section 354C of IPC.

These are some of the section which deal into CYBER STALKING.

Now we will discuss, how we can avoid all this.

First of all, upload as minimum as possible, your personal information on your social media account and if you get any such message or email, then report it immediately to the portal from which you got the message or email. You can also report it on CYBER CRIME portal without any panic.

If you want, you can also report Cybercrime at local police station or nearest cyber cell.

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