What Is the Punishment for Cyberbullying in India?

As technology continues to evolve, the internet has become an integral part of our lives, enabling seamless communication, access to information, and countless opportunities. However, it has also created a platform for malicious activities, such as cyberbullying, which can lead to significant emotional, psychological, and sometimes even physical harm to victims.

In India, cyberbullying is an increasing concern, with the youth, women, and children being the most vulnerable groups. Despite the lack of a specific law exclusively targeting cyberbullying, the Information Technology Act, 2000, and certain sections of the Indian Penal Code (IPC), 1860, provide provisions to penalise offenders. 

Meaning of Cyberbullying

Cyberbullying involves the use of electronic communication tools like social media, emails, or messaging platforms to harass, intimidate, or harm another individual. It can take various forms, including sending abusive messages, spreading false information, defamation, stalking, or publishing private images without consent.

In the absence of a direct provision specifically for cyberbullying, the Indian judiciary and law enforcement agencies rely on multiple laws to address different aspects of the crime.

Legal Provisions Against Cyberbullying in India

The Information Technology (IT) Act, 2000

The IT Act, 2000, primarily governs activities related to cyberspace and information technology. Several sections within this Act are relevant to cyberbullying:

1. Section 66C: Punishment for Identity Theft

This section penalises individuals who dishonestly or fraudulently use another person’s electronic signature, password, or identification feature.

Punishment: Imprisonment up to 3 years and/or a fine up to ₹1 lakh.

2. Section 66D: Punishment for Cheating by Personation

If an individual pretends to be someone else using social media or other communication tools for fraudulent purposes, they can be penalised under this section.

Punishment: Imprisonment up to 3 years and a fine up to ₹1 lakh.

3. Section 66E: Punishment for Violation of Privacy

This section protects an individual’s privacy against the unauthorised capture, publication, or transmission of private images or videos.

Punishment: Imprisonment up to 3 years or a fine up to ₹2 lakh, or both.

4. Section 67: Punishment for Publishing Obscene Material

Publishing or transmitting obscene content electronically, especially material that corrupts public morals or causes lustful thoughts, is punishable under this section.

• First Conviction: Imprisonment up to 3 years and a fine up to ₹5 lakh.
• Subsequent Convictions: Imprisonment up to 5 years and a fine up to ₹10 lakh.

5. Section 67A: Publishing Sexually Explicit Material

This section addresses publishing or transmitting sexually explicit material electronically.

• First Conviction: Imprisonment up to 5 years and a fine up to ₹10 lakh.
• Subsequent Convictions: Imprisonment up to 7 years and a fine up to ₹10 lakh.

6. Section 67B: Child Pornography

Publishing, transmitting, or creating material involving children in sexually explicit acts is strictly prohibited.

Punishment: Imprisonment up to 5 years and a fine up to ₹10 lakh for the first offence, with stricter penalties for repeat offenders.

Indian Penal Code (IPC), 1860

Several provisions of the IPC also address aspects of cyberbullying:

1. Section 292A: Printing Grossly Indecent Material

This section penalises individuals involved in printing, publishing, or distributing indecent material for blackmail or profit.

Punishment: Imprisonment and/or fine, depending on the severity.

2. Section 354C: Voyeurism

Voyeurism involves capturing or disseminating images of women engaged in private acts without their consent.

• First Conviction: Imprisonment of 1–3 years and a fine.
• Subsequent Conviction: Imprisonment of 3–7 years and a fine.

3. Section 354D: Stalking

Stalking includes both physical and cyberstalking of women, such as monitoring their online activities or repeatedly contacting them despite clear disinterest.

• First Offence: Imprisonment up to 3 years and a fine.
• Subsequent Offence: Imprisonment up to 5 years and a fine.

4. Section 499 and 500: Defamation

Online defamation, including publishing or sharing content that harms another person’s reputation, is punishable under these sections.

Punishment: Imprisonment up to 2 years, a fine, or both.

5. Section 507: Criminal Intimidation

This section penalises individuals who issue threats using anonymous communication or fake identities.

Punishment: Imprisonment up to 2 years.

6. Section 509: Insulting Modesty of Women

Any act, gesture, or word intended to insult the modesty of a woman, including through electronic communication, is punishable.

Punishment: Imprisonment up to 3 years and a fine.

The Striking Down of Section 66A of the IT Act

Section 66A, which previously penalised offensive messages sent electronically, was struck down by the Supreme Court in the landmark Shreya Singhal vs. Union of India (2015) case. The provision was deemed unconstitutional for violating the right to freedom of speech and expression under Article 19(1)(a) of the Indian Constitution. Despite this, other sections of the IT Act and IPC continue to address similar offences.

Notable Cases

One prominent case involving cyberbullying is State of West Bengal v. Animesh Boxi (2018). The accused hacked into the victim’s phone, obtained private pictures, and threatened to publish them online. The court recognised this act as a form of “virtual rape,” convicting the accused under Section 354D of IPC.

Exceptions and Exemptions

Certain exceptions apply to content published under the IT Act:

1. Content created in the public interest, such as for science, art, or literature, is exempt from penalties under Sections 67 and 67A.
2. Content related to bonafide heritage or religious purposes is also exempt.

Legal Remedies for Victims

Victims of cyberbullying in India can take the following steps:

1. Report to Cybercrime Cells: India has dedicated cybercrime cells across states where victims can lodge complaints.
2. File a Police Report: Victims can file a First Information Report (FIR) at their local police station.
3. Online Reporting: Complaints can also be lodged through the Ministry of Home Affairs’ Cyber Crime Reporting Portal (cybercrime.gov.in).

Conclusion

Although India does not have a specific law addressing cyberbullying, the combination of provisions under the Information Technology Act, 2000, and the Indian Penal Code, 1860, provides a robust framework to penalise offenders. As technology advances, it is imperative for lawmakers to introduce more targeted legislation to address the unique challenges of cyberbullying.

For now, victims are encouraged to take advantage of the existing legal provisions to ensure justice is served. Increased awareness and stricter enforcement of these laws can help curb the menace of cyberbullying and create a safer online environment for everyone.