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What Is The Punishment For Cyberbullying In India?

What Is The Punishment For Cyberbullying In India

The most significant danger in the digital era is cyberbullying. Smart provided by smartphones social media messaging apps made this kind of online harassment violating the lives of users of all ages, from college students and school children, professionals, celebrities, to an ordinary person. 

In India, there is no separate or standalone law on cyberbullying. However, the serious kind of online harassment can be made punishable by application of various provisions of the Information Technology Act, 2000 and Indian Penal Code, 1860/Bhartiya Nyaya Sanhita, 2023. This article seeks to be an exhaustive resource providing the types of punishments, relevant laws, remedies which victims can avail themselves of, and a few landmark court rulings.  

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What is Cyberbullying in India?

Cyberbullying includes any kind of abuse, threat, harassment, or any type of defamation that is carried online. 

  • Anonymous messages threatening harm or spreading lies
  • Fake accounts posting morphed images
  • Doxxing, leaking personal details online
  • Persistent stalking on WhatsApp, Instagram, and Telegram
  • Creating polls or groups to mock, shame, or isolate someone

Is Cyberbullying a Crime in India?

India presently does not have a separate and special law known specifically as “Cyberbullying Law.” However, coexisting laws from the Information Technology Act 2000, and the Indian Penal Code, 1860/Bhartiya Nyaya Sanhita, 2023 deal with different types of cyber abuse. 

Legal Provisions You Should Know

SectionOffencePenalty
IT Act – 66DOnline impersonation3 years + ₹1 lakh fine
IT Act – 66EViolating privacy (leaked images/videos)3 years + ₹2 lakhs
IT Act – 67, 67ASharing obscene or sexual contentUp to 5 years + ₹10 lakhs
IPC – 354D/BNS- 78Online stalking of women3–5 years imprisonment
IPC – 499 & 500/BNS- 356 (1) & 356 (2)Defamation on social mediaUp to 2 years or fine and alternate punishment of community service is added.
IPC – 507/ BNS- 351 (4)Threats from anonymous sources2 years imprisonment

Landmark Cases That Changed India’s Cyberbullying Laws

1. Shreya Singhal v. Union of India (2015)

The Supreme Court struck down the Section 66A, which was being utterly misused to arrest people for online posts. The Court protected the freedom of speech however, stated that there should be better laws to deal with serious cyber offences.

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2. Kalandi Charan Lenka Case (2017)

A girl’s fake Facebook profile was used to post abusive content. The accused were held as per the Sections 66D & 67 of the IT Act and IPC 354D/BNS 78. This incident also confirmed that “online stalking” and “identity theft” can both be identified as punishable cyber offences.

3. State v. Yogesh Pratap Singh (2019)

A teenager had done something similar by harassing a classmate by simply sharing edited photos, and separation from the child was done under the Juvenile Justice Act where the court stated counselling is preferred not punishment.

4. Manik Taneja v. State of Karnataka (2015)

A couple were booked under Section 66A after making a complaint about police conduct on Facebook. The court held that a mere criticism without any real threat cannot be treated as cyberbullying.  

Why Cyberbullying Is Rising?

  • More screen time, less supervision
  • Fear of shame or public exposure 
  • Inconsistent response from police and authorities
  • Many people don’t know cyberbullying is a crime

What to Do If You’re a Victim of Cyberbullying in India?

As lawyers handling cybercrime cases daily, here’s one expert advice:

1. Take Screenshots and Save Evidence

Before blocking, document everything, messages, usernames, timestamps. This is crucial when filing an FIR.

2. File a Police Complaint

Go to the local police or cyber cell, and if you want your complaint to be properly drafted, consult a cybercrime lawyer

3. Use the Cyber Crime Reporting Portal

File your complaint online at: www.cybercrime.gov.in. You can report anonymously.

4. Report the Profile to the Platform

Another option is to take advantage of the reporting options available to you through Facebook, Instagram, Twitter, etc. 

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5. Consider Sending a Legal Notice

If there is damage to your reputation, you can send a legal notice for defamation or begin a civil suit for damages.

How Can Schools Prevent Cyber Bullying Case from Occurring?

  • Digital safety workshops
  • Anonymous reporting boxes
  • Cyber ethics sessions with parents
  • Tie-ups with counsellors for support

The CBSE and NCERT have also issued guidelines for cyber safety education.

Why India Needs a Cyberbullying Law?

Currently, the laws are scattered and open to interpretation. There’s no official definition of cyberbullying, and punishments vary. A dedicated Anti-Cyberbullying Act could:

  • Provide clarity for police and courts
  • Protect both adults and minors
  • Define what counts as “cyberbullying”
  • Offer faster redressal through online tribunals

Final Thoughts

If you are a teenager and are being harassed on social media and receiving threats, the laws are in place in India. Report it, consult a lawyer, do not suffer in silence. 

One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.

FAQs

1. What are the steps to take when you are cyberbullied in India? 

Take the screenshots, block the person, as well as lodge a complaint with the police.  If the person continues, try seeking legal help if you want to proceed ahead. 

2. Can I get compensation in India for acts of cyberbullying?

The victim can file a civil suit claiming damages on grounds of defamation or intrusion of privacy besides criminal charges.

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3. What proof do one need to gather before lodging a complaint on cyberbullying?

You need to save all the messages, emails, screenshots, and note the social platform where the harassment took place; such type of evidence is necessary while filing an FIR.

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