CyberStalking

Cyber stalking is the use of electronic communication by a person to follow a person, or attempts to contact a person to foster personal interaction repeatedly despite a clear indication of disinterest by such person; or monitoring the internet, email or any other form of electronic communication commits the offence of stalking.
Even though cyberstalking is a broad term for online harassment, it can include defamation, false accusations, teasing, and even extreme threats.
Cyberstalking is a new form of computer related crime, occurring in our society. Cyberstalking means when a person is followed and pursued online, invading his/her privacy as his/her every move watched. It is a form of harassment that can disrupt the life of the victim and leave him/her feeling very afraid and threatened. Cyberstalking usually occurs with women, who are stalked or harassed by men, or with children who are stalked by adult predators or pedophiles. Cyberstalkers need not have to leave their home to find, or harass their targets, and has no fear of physical violence since they believe that they cannot be physically touched in cyberspace.
They use Internet, e-mail, and other electronic communication devices to stalk persons.

Online harassment can be divided into direct and indirect harassment. “Direct” harassment includes the use of computers, cell phones and the email to send messages of hate, obscenities and threats, to intimidate a victim. E.g., the majority of offline stalkers will attempt to contact their victim, and most contact is restricted to mail and/or telephone communications. On the other hand “indirect” harassment includes the use of the Internet to display messages of hate, threats or used to spread false rumours about a victim. Messages can be posted on web pages, within chat groups or bulletin boards. This form of harassment is the electronic equivalent of placing pinups on a factory wall, and if the display of such material from the victim’s perspective causes offence it will amount to harassment 

Know More about relevant section of IT Act and BNS
The IT Act, 2008 does not directly address stalking. But the problem is dealt more as an ‘intrusion on to the privacy of individual’ than as regular cyber offences which are discussed in the IT Act, 2008. Hence the most used provision for regulating cyberstalking in India is Section 72 of the IT Act, 2008 which runs as follows:
Section 72: Breach of confidentiality and privacy.- Save as otherwise provided in this Act or any other law for the time being in force, 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 2 years, or with fine which may extend to 1 Lakh rupees, or with both.
Section 72A: Punishment for disclosure of information in breach of lawful contract.- Save as otherwise provided in this Act or any other law for the time being in force, any person including an intermediary who, while providing services under the terms of lawful
contract, has secured access to any material containing personal information about another person, with the intent to cause or knowing that he is likely to cause wrongful loss or wrongful gain discloses, without the consent of the person concerned, or in breach of a lawful contract, such material to any other person shall be punished with imprisonment for a term which may extend to 3 years, or with a fine which may extend to 5 lakh rupees, or with both.

In practice, these provisions can be read with Section 441 of the Indian Penal Code, 1860 which deals with offences related to criminal trespass and runs as follows: 

Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with an intent to commit an offence, is said to commit criminal trespass. 

The Criminal Law (Amendment) Act, 2013 added Section 354D in the Indian Penal Code, 1860 to define and punish the act of stalking. 

This section is as follows: (1) Whoever follows a person and contacts, or attempts to contact such person to foster personal interaction repeatedly, despite a clear indication of disinterest by such person, or whoever monitors the use by a person of the Internet, email or any other form of electronic communication, or watches or spies on a person in a manner that results in a fear of violence or serious alarm or distress in the mind of such person, or interferes with the mental peace of such person, commits the offence of stalking: 

Provided that the course of conduct will not amount to stalking if the person who pursued it shows- 

(i) that it was pursued for the purpose of preventing or detecting crime, and the person accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the state; or 

(ii) that it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or 

(iii) that in the particular circumstances the pursuit of the course of conduct was reasonable.

(2) Whoever commits the offence of stalking shall be punished with imprisonment of either description for a term which shall not be less than 1 year but which may extend to 3 years, and shall also be liable to fine. 

How to Report Cyber Stalking
Steps to Report Cyber Stalking:

1. Gather Evidence:
   ○ Screenshots: Capture screenshots of all messages, emails, or other online interactions.
   ○ 1. Cyberstalked: Here’s How To Identify, Prevent Cyberstalking | HerZindagi
   
   ○ www.herzindagi.com
   
   ○ Record Calls: If you receive harassing calls, record them.
   ○ Save Links: Keep a record of any websites or social media profiles related to the stalker.
2. File a Complaint:
   ○ National Cyber Crime Reporting Portal: This is the primary online platform for reporting cybercrimes in India. Visit
   https://cybercrime.gov.in/ and file a complaint.
   ○ 1. National Cyber Crime Reporting Portal
   
   ○ services.india.gov.in
   
   ○ 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 stalking.
   ○ 1. How To Report Crime – CYBER CERT
   ○ cybercert.in
   
3. 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 changing your passwords, 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.
   ● 1. Top Counselling Services For Cyber Crime Victim in Mumbai – Justdial
   ● www.justdial.com
   ●Additional Tips:
   ● Report to Social Media Platforms: If the stalking is happening on a specific platform, report the user or content.
   ● Block the Stalker: 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.
   ● 1. Tips to protect yourself from Cyberstalkers – Kaspersky
   ● www.kaspersky.co.in
   By following these steps and seeking appropriate legal advice, you can take action against cyber stalking and protect yourself from further harassment.
   Take Legal Advice on Cyber Stalking
   Connect With Advocate Tabish Ahmad – Cyber Crime Lawyer & Expert

Ritu Kohli’s Case Law
In 2001, India’s first cyberstalking case was reported. Manish Kathuria was stalking an Indian lady, Ms. Ritu Kohli by illegally chatting on the web site, www.mirc.com using her name; and used obscene and obnoxious language, and distributed her residence telephone number, invited people to chat with her on the phone. As a result, Ms. Ritu Kohli was getting obscene calls from various states of India and abroad, and people were talking dirty with her. In a state of shock, she called the Delhi police and reported the matter. The police registered her case under Section 509 of the Indian Penal Code, 1860 for outraging the modesty of Ritu Kohli. But Section 509 refers only to a word, a gesture or an act intended to insult modesty of a woman. But when same things are done on Internet, then there is no mention about it in the said section. This case caused alarm to the Indian government, for the need to amend laws regarding the aforesaid crime and regarding protection of victims under the same.