Cyber Bullying

A form of harassment or bullying inflicted through the use of electronic or communication devices such as computer, mobile phone, laptop, etc.

Cyberbullying is bullying with the use of digital technologies. It can take place on social media, messaging platforms, gaming platforms and mobile phones. It is repeated behavior, aimed at scaring, angering or shaming those who are targeted. Examples include:
● spreading lies about or posting embarrassing photos or videos of someone on social media
● sending hurtful, abusive or threatening messages, images or videos via messaging platforms
● impersonating someone and sending mean messages to others on their behalf or through fake accounts.

1. Exclusion
   Exclusion is the deliberate exclusion of someone. Exclusion is a factor in both online bullying and physical bullying scenarios where a victim is targeted. For instance, your child may be left out of message threads or chats with people they both know while other friends are invited or involved in groups or events.
2. Harassment
   Harassment is a broader term under which includes many types of cyberbullying , but it generally refers to constant pattern of sending hurtful or threatening online messages with the intention of doing harm to someone.
3. Outing/Doxing
   Basically the term doxing, refers to the act of openly revealing sensitive or personal information about someone without their consent with the objective of embarrassing or humiliating them. This can also extend to spreading of personal pictures or documents of public figures to sharing an individual’s saved personal messages in an online private group. The key is the lack of consent from the victim.
4. Trickery
   Trickery incorporates the element of deception and is comparable to the idea of doxing. In this type of cyberbullying, the bully would develop cordial relationships with the victim in an effort to give them a false sense of security. Once the bully obtains the target’s trust, they take advantage of it by disclosing the victim’s secrets and personal information to one or more third parties5. Cyberstalking.
5. Cyberstalking:
   is the recurrent contact and harassment of someone through technology, such as social media, emails, and text messages, making them fear for their safety. Cyberstalking is a type of cyberbullying that is similar to in-person stalking in that it invades the privacy of the target and has the potential to be emotionally damaging.
6. Fraping
   Frapping is when a bully posts offensive stuff using the name of your child on social media.
   When friends publish amusing things to each other’s profiles, it can be innocent but also extremely dangerous. For instance, a bully posting homophobic or racial remarks through another person’s profile to harm that person’s reputation.
7. Masquerading
   Masquerading occurs when a bully creates a false online identity or profile with the intent to bully someone online. This can entail choosing a new identity and set of images to deceive the victim, as well as creating a false email account and social media presence. In these situations, the bully is frequently someone the victim knows well.
8. Dissing
   Dissing refers to the act of a bully spreading cruel information about their target through public posts or private messages to either ruin their reputation or relationships with other people. In these situations, the bully tends to have a personal relationship with the victim, either as an acquaintance or as a friend.
9. Trolling
   Trolling is when a bully will seek out to intentionally upset others by posting inflammatory comments online. Trolling may not always be a form of cyberbullying, but it can be used as a tool to cyberbully when done with malicious and harmful intent. These bullies tend to be more detached from their victims, and do not have a personal relationship.
10. Flaming
    Flaming or roasting is the act of using abusive language or using profanity to publish insults online. This phrase shouldn’t be confused with trolling, which refers to the behaviour of someone who stirs up conflict offline or online. Flaming evolved as a result of how Internet forums’ anonymity allows users to act more violently.

Know More about relevant section of IT Act and BNS
Information Technology Act 2000[8] The Information Technology Act, 2000 (Amended in 2008), is an Indian legislation passed by the Government of India for dealing with crimes related to the internet or cyberspace, and punishments for these offences are also provided under rthe same act.
Section 66 (A):
This section deals with the punishment for the offence of sending objectionable, derogatory, abusive, hurtful messages or material online through the internet on any social media or any other web chat room or platform.
Section 66 (D):
“Punishment for cheating by personation by using computer resource” 10 If a person deceives, cheats someone through the internet on a social media or any other online platform, that person should be punished for up to 3 years of imprisonment and fine of up to 1 lakh rupees.
Section 66 (E):
This section deals with the punishment for infringement of privacy, if a person violates someone’s privacy digitally, using their pictures, sharing information, he is guilty for cyberbullying in a way and that person must be charged with a fine up to 3 lakh rupees or imprisonment for up to 3 years under this section.
Section 67:
This section of the act deals with the punishment for uploading, transferring, circulating offensive, vulgar, indecorous material on the internet / cyberspace, with a fine up to 10 lakh rupees or imprisonment for up to 5 year.

Steps to Report Cyber Bullying:

1. Gather Evidence:
   ○ Screenshots: Capture screenshots of all messages, emails, or other online interactions.
   ○ Record Calls: If you receive harassing calls, record them.
   ○ Save Links: Keep a record of any websites or social media profiles related to the bully.
2. Inform a Trusted Adult:
   ○ Parent or Guardian: If you are a minor, inform your parents or guardians about the situation.
   ○ Teacher or Counselor: If you are at school, talk to a teacher or counselor.
   ○ Trusted Adult: Reach out to a trusted adult who can provide support and guidance.
3. File a Report:
   ○ National Cyber Crime Reporting Portal: Visit https://cybercrime.gov.in/ and file a complaint.
   ○ Local Police Station: You can also file a complaint at your nearest police station. Make sure to mention that the crime is related to cyber bullying.
4. Seek Legal Advice:
   ○ Lawyer: Consulting a lawyer specializing in cybercrime can provide valuable guidance and support throughout the legal process.

Important Considerations:
● Safety: Prioritize your safety and well-being. If you feel threatened, consider limiting your online activity or seeking help from a trusted friend or family member.
● Documentation: Keep a detailed record of all interactions and evidence. This can be crucial in the legal proceedings.
● Support: Reach out to support groups or counseling services for emotional support and guidance.

Additional Tips:
● Report to Social Media Platforms: If the bullying is happening on a specific platform, report the user or content.
● Block the Bully: Use the blocking features on social media and messaging apps to prevent further contact.
● Change Privacy Settings: Review and adjust your privacy settings on social media to limit who can see your information.
By following these steps and seeking appropriate legal advice, you can take action against cyber bullying and protect yourself from further harassment.
Take Legal Advice on Cyber Bullying
Connect With Advocate Tabish Ahmad – Cyber Crime Lawyer & Expert

In the case of Sazzadur Rahman v. The State of Assam and Ors.
the accused created a fake Facebook profile of a 15-year-old victim. In the fake profile, the accused mentioned the victim’s name, uploaded obscene pictures, and posted some derogatory remarks against her, which caused her to be mentally unstable and hampered her academic growth. The trial court rejected the application made by the accused under Section 311 of CrPC.
Thereafter, a petition under section 482 read with sections 401/397 of CrPC was filed before the Gauhati High court for quashing the order of the trial court. The Gauhati High Court, while dismissing the application, held that discretion of the trial Court, which, ex facie, has been exercised judiciously on the basis of relevant materials, cannot be interfered with either in revisional jurisdiction or under Section 482 CrPC.
In the case of Shubham Bansal v. The State (Govt of NCT Delhi) ,
the accused created a false Facebook account in the name of Nidhi Taneja and included the telephone number of the victim, which caused her annoyance, insult, and harassment and, therefore an FIR was registered against the accused.
The victim further moved another application under Section 173 (8) of CrPC requesting further investigation by the investigating officer on account of which the matter was remanded to the Metropolitan Magistrate for consideration. Thereafter, an application was made by the accused for dropping the proceedings against him under Section 66A of the IT Act and Section 509 of IPC.
The Delhi High court while refusing to entertain the application of the accused, ordered that the investigating officer refrain from submitting his final report till the Magistrate issued directions on the pending application filed by the victim. The honorable court noted that the alternative course available to the investigating officer was to file a report based on the investigation carried out until then, reserving the right to file a supplementary challan/report in response to the pending application made by the victim under Section 173 (8) of CrPC seeking further investigation.
In the case of Jitender Singh Grewal v. The State of West Bengal
The accused created a fake Facebook account of the victim and uploaded her obscene pictures to such fake Facebook account. The accused was charged under the following Sections 354A/354D/500/509/507 of IPC and Section 67A of the IT Act, he filed a bail application. The trial court rejected the bail application of the accused and the Calcutta High court upheld the trial court’s decision.
In the case of Prakhar Sharma v. The State of Madhya Pradesh[14]
In addition to posting some filthy remarks and images of the victim that had been downloaded from her original Facebook account, the accused also constructed a phone Facebook account for the victim. The IT Act’s Sections 66(c), 67, and 67(a) were used to bring charges against the defendant. The Madhya Pradesh High Court rejected the accused’s request for bail.