Introduction
Cyberspace, or the virtual world, is the new reality of the era. It is a digital space creating a platform that connects people around the globe with the help of the internet. With features like better connection, accessibility, permanence, storage, and many more, the reliance on the digital world has become integral to day-to-day life. It has transformed the way we think and do our work. However, the increasing dependence brings many challenges, including increasing cyber threats and digital crime. As technology advances, so does the way of exploitation, and this gave rise to the concept of ‘cybercrime’. Cybercrime may generally be defined as “Any unlawful act where a computer or communication device or computer network is used to commit or facilitate the commission of a crime”. As per the NCRB ‘Crime in India 2023’ report, cybercrime cases increased from 65,893 in 2022 to 86,420 in 2023, reflecting a sharp rise of over 31%. The data further indicates a substantial increase of more than 60% over the period of 2021- 2023. Among these, Online harassment and Cyberstalking have emerged as a widespread issue which is affecting people of all age groups.
As a result of this grave situation, the Ministry of Home Affairs has established the Indian Cybercrime Coordination Centre (I4C) and the National Cybercrime Reporting Portal as a central mechanism to address cyber offences in a coordinated manner. The victim can lodge their complaint online at the National Cyber Crime Reporting Portal. Apart from the cyber portal, the victim can visit the nearest police station or a dedicated cybercrime cell to file an FIR, or call 1930 to report financial fraud. These mechanisms provide an easily accessible approach for the victim to file a complaint about the cyber offence efficiently and seek timely assistance.
Understanding Online Harassment and Cyberstalking
Online harassment refers to the utilisation of the internet by an individual or group of people repeatedly to inflict harm on another person. It is a broad term which includes several cybercrimes, and some of them are-
- Cyberbullying- It is a form of bullying done with the help of digital technologies, and it can be done on social media, messaging platforms or gaming platforms.
- Trolling- It means deliberately posting offensive or provoking messages online to create arguments or disturb others.
- Impersonation- It involves dishonestly using another person’s password or unique identification without their permission.
- Revenge porn- It involves sharing private or intimate photos of someone through electronic communication without their consent.
As per The Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, 2013, section 2(n), cyber harassment also includes sexual harassment.
One of the significant forms of Online harassment is cyberstalking, which is the use of electronic communication by a person to follow another person, or to repeatedly try to contact that person to establish personal interaction, despite a clear indication of disinterest. It also includes monitoring the use of the internet, email, or any other form of electronic communication. Indian courts have recognised the seriousness of cyberstalking and online harassment in real situations. In Kalandi Charan Lenka Vs. State of Odisha, the accused harassed a college student repeatedly. He sent obscene messages, circulated defamatory pamphlets, and created a fake Facebook account in her name, where he uploaded altered explicit images. The Odisha High Court noted that these acts significantly harm the dignity and reputation of women. It ruled that offences relating to stalking, identity theft, impersonation, and distribution of obscene material under the Indian Penal Code and the Information Technology Act were clearly applicable. This case shows how cyberstalking goes beyond online interactions to cause real- world damage and intimidation.
How the Law Addresses Different Forms of Abuse
According to the Indian legal frameworks, digital abuse can take both direct and indirect forms. Direct abuse includes explicit threats, obscene content, or repeated unwanted messages directed at an individual. Indirect abuse may involve spreading false information, impersonating the victim online, or creating fake profiles to cause harm. Various legal provisions under the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Information Technology Act, 2000 (IT Act) cover these behaviours. These laws acknowledge that both visible acts of harassment and more subtle forms of online intimidation can be punishable offences. By recognising both direct and indirect forms of abuse, the legal framework in India aims to protect against cyberstalking and online harassment.
Legal Framework
The Information Technology Act, 2000 (IT Act), and the Indian Penal Code, 1860 (IPC), which the Bharatiya Nyaya Sanhita, 2023 (BNS), now replaces, primarily govern cybercrime laws in India. The judiciary has also played a significant role in shaping the legal framework governing online speech and cyber offences. In Shreya Singhal Vs. Union of India, the Supreme Court struck down Section 66A of the Information Technology Act,2000. The court ruled that it violated the right to freedom of speech and expression under Article 19(1)(a). The court pointed out that vague and overly broad rules could lead to misuse. This concern is especially relevant when it comes to online harassment and digital expression.
- Bharatiya Nyaya Sanhita, 2023-
The key provisions related to online harassment and cyberstalking under Bharatiya Nyaya Sanhita,2023, are as follows-
- Section 78 (Stalking)- The definition of stalking under this section includes cyberstalking, as it criminalises the monitoring of a woman’s online activity. This section corresponds to Section 354-D of the IPC.
- Section 75 (Sexual Harassment)- this section covers unwanted sexual remarks or advances made online. In IPC, the provision related to sexual harassment was given under Section 354-A.
- Section 79 (Insulting the modesty of a woman)- This section punishes anyone who uses insulting or inappropriate words, gestures or messages on a woman through online platforms.
- Section 292 (Regulation of obscene content)- It involves the sharing or circulation of obscene or sexually explicit content through electronic means.
- Section 356 (Defamation)- This section deals with defamation, and it also applies to online situations, where a person posts or shares false or harmful content which damages the reputation of another person.
- Section 351 (Criminal Intimidation)- This section covers online harassment where a person threatens someone through messages, social media or anonymous accounts to scare or pursue them.
- The Information Technology Act, 2000-
The IT Act is a key legislation for addressing cybercrimes in India. The relevant sections include-
- Section 66C (Identity Theft)- This section applies where online harassment involves the misuse of a person’s identity, such as using their account or creating fake profiles.
- Section 66D– It deals with a situation where someone pretends to be another person online to cheat or harass others.
- Section 66E (Violation of privacy)- Sharing or circulating a person’s private images online without their consent is punishable with imprisonment up to three years or a fine up to two lakh rupees, or both.
- Section 67 (Publishing obscene material online)- Sharing of obscene or vulgar content online is punishable with imprisonment up to three years or a fine of up to five lakh rupees.
Available Remedies and Reporting Mechanisms
The Government of India has introduced several mechanisms for reporting cybercrimes. With the increase in use of social media platforms, the number of cases related to online harassment and cyberstalking has also risen. The existing reporting mechanisms are designed to be accessible and user-friendly.
Before filing a complaint, the victim needs to collect and preserve evidence, as it plays a crucial role in the investigation of cyber offences. Since most of the offences take place online, the evidence should be preserved carefully. This includes taking screenshots of offensive posts, messages or emails, saving chats and emails, preserving details like timestamps and other technical details, and maintaining records of the repeated behaviour.
Once the necessary evidence has been collected, victims can proceed to report the offence through the available mechanisms.
In India, there are different mechanisms for filing a cybercrime case. Depending on the type of crime and the victim’s preference or accessibility, it can be reported through both offline and online channels.
- Offline Channel (Visiting the nearest police station)-
Victims of cybercrime can visit the nearest police station or cybercrime cell. Cybercrime cells are the specialised units established by the state police department to deal with cases like online fraud, cyber stalking, online sexual harassment, hacking, cyberbullying, identity theft, etc. The steps to report cybercrime offline include-
- The victim of the cybercrime should visit the nearest police station or cybercrime cell for filing the complaint.
- The complaint should be in writing, and it should be filed with the head of the police station or cybercrime cell.
- In the complaint, all the necessary details should be mentioned, like name and contact of the complainant, date and time of the incident, description of the cyber offence and details of the accused if known.
- The complainant should provide all the supporting evidence related to the crime.
- After filing the complaint, the complainant gets an acknowledgement number that is used for future purposes.
- Online Channel (National Cybercrime Reporting Portal)-
Apart from filing a complaint at the police station, victims can also report the crime on the National Cybercrime Reporting Portal, which can be accessed athttps://www.cybercrime.gov.in/. This portal enables individuals to report complaints under different categories and ensures that such complaints are forwarded to the concerned State or Union Territory law enforcement authorities for necessary actions. It also provides the facility to track complaints through a unique ID generated when the complaint is submitted.
It is important to note that the portal provides different modes for reporting complaints. Most of the complaints are filed through the “ Report and Track” option, in which registration and login are required. However, in specific cases relating to women and children, the portal also provides an option to report complaints anonymously without disclosing the identity of the complainant.
The process to file a complaint on the portal involves the following steps-
- The complainant should visit https://www.cybercrime.gov.in/ and select the option to file a complaint under the relevant category of cybercrime.
- The user must register with their mobile number and verify it with a One-Time Password (OTP) to log in to the portal.
- The complainant must choose the appropriate category and sub- category of the cyber offence, such as online harassment, cyberstalking, financial fraud, or hacking.
- The complainant is required to provide details such as the date and time of the incident, the platform where the offence occurred, and a description of the incident. Supporting evidence may also be uploaded.
- If the identity of the suspect is known, such as details including name, contact information, or any other identification details, then the complainant should provide them.
- After that, the complainant should provide personal details, including name, contact number, and address, for further communication during the investigation.
- Before the final submission, the complainant can review the information provided and make necessary corrections. Upon submission, a complainant ID is generated for future reference.
- The complaint ID is received on the registered mobile number and email, which can be used to track the status of the complaint. The ID serves as an acknowledgement of submission and is not equivalent to an FIR.
Role of Intermediaries in Preventing Online Harassment
Online service providers and social media platforms are two examples of intermediaries that are very important in stopping and dealing with cyberstalking and online harassment. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules,2021, says that intermediaries must take due diligence to make sure that their platforms aren’t used to host or send illegal content.
They have to limit illegal content, which violates privacy, encourages impersonation, or is otherwise offensive. When someone complains about online harassment, intermediaries must act right away. Content that shows nudity or breaks privacy rules must be taken down within 24 hours, and other complaints must be dealt with within 72 hours.
Further, intermediaries must also hire Grievance Officers to deal with user complaints and make sure they are handled quickly. If the user is not satisfied with the order given by the grievance officer, then they have the option to appeal to the Grievance Appellate Committee. Significant social media intermediaries have extra responsibilities, such as using automated tools to find illegal content and helping the police to find people who break the law.
If intermediaries don’t follow their due diligence duties, they might lose safe harbour protection under section 79 of the Information Technology Act, 2000 (IT Act). This would make them liable for any illegal content that is hosted on their platforms. Additionally, non-compliance with government orders under section 69A may attract penalties, including fines and imprisonment.
Intermediaries are an important link between users and law enforcement because they make it easier to report crimes, remove harmful content, and make the internet a safer place.
Preventive Measures and Cyber Hygiene Practices
With the increasing dependence on digital platforms, it is essential to adopt safe practices while using the internet. The Ministry of Home Affairs, through the Indian Cyber Crime Coordination Centre(I4C), has issued guidelines on cyber hygiene to promote safe online behaviour. Cyber hygiene refers to the precautions and practices that individuals must follow to protect their devices, data and personal information from cyber threats.
Adopting such preventive measures plays a crucial role in reducing the risk of cyber offences, including online harassment and cyberstalking. It also helps in creating a safer digital environment.
Some of the important cyber hygiene practices include–
- Password Security– Users should create strong passwords using a combination of upper and lower case letters, numbers, and special characters. They should use different passwords for different accounts. Passwords and OTPs should never be shared.
- Safe Use of Social Media– Users should verify the authenticity of profiles before interacting and avoid sharing personal information publicly. The privacy settings must be properly checked and updated. Users should exercise caution while accepting friend requests or sharing content.
- General Internet Safety– One should avoid clicking on suspicious links or downloading files from untrusted sources. Personal and financial information should not be shared on unsecured websites, and public Wi-Fi should not be used for sensitive activities.
- Financial Safety Measures– Individuals should not disclose confidential information such as card details, CVV numbers and OTPs. They should verify the identity of the recipient before making payments and use only secure platforms.
- Device and Mobile Security– Devices should be protected with strong passwords or biometric authentication. Applications should be downloaded only from trusted sources. Regular updates along with antivirus protection should be ensured to prevent cyber threats.
Conclusion
In our increasingly digital society, where communication and interaction happen online, cyberstalking and online harassment have become serious issues that we cannot ignore. What used to happen in physical spaces has now moved to the virtual world, often leaving victims feeling vulnerable. The anonymity, reach, and permanence of digital platforms increase the impact of these offences. This makes it essential to address them through a comprehensive legal and institutional framework.
India has made significant strides in recognising and responding to these challenges. The combined framework of the Bharatiya Nayaya Sanhita, 2023 (BNS) and the Information Technology Act, 2000 (IT Act), along with the procedures set up through the National Cybercrime Reporting Portal and specialised crime units, shows a structured approach to dealing with online abuse. The role of intermediaries further strengthens this framework by ensuring that harmful content is not only identified but also promptly removed, helping to limit its spread and impact.
However, the success of these measures relies on awareness, accessibility, and prompt action. Many victims continue to suffer in silence due to a lack of knowledge, fear of stigma, or uncertainty about the reporting process. In this scenario, legal provisions alone are not enough. We need ongoing public awareness, digital literacy, and training to help people recognise cyber offences and take action without hesitation.
At the same time, the responsibility for creating a safe digital environment does not lie solely with the government or intermediaries. Users themselves play a key role in practising good cyber hygiene, being cautious in their online interactions, and respecting the rights and dignity of others. A collective effort involving the government, technology platforms, law enforcement agencies, and users is essential to build a secure, accountable cyberspace.
As technology continues to evolve, so will be the methods of committing cyber offences. This makes it essential for legal frameworks to stay flexible and responsive to new challenges, including fresh forms of digital manipulation and harassment. Strengthening enforcement, ensuring accountability, and promoting a culture of responsible digital behaviour will be critical in addressing these changing threats.
In the end, the fight against cyberstalking is not just a legal issue, but it is a societal challenge. It requires a shift in mindset, where online conduct is treated with the same seriousness as offline offences. By promoting awareness, encouraging reporting, and ensuring effective implementation of laws, we can move towards a digital ecosystem that is not only connected and efficient but also safe, inclusive, and effective for all.
References
- Ministry of Home Affairs, ‘Learn About Cybercrime’ (National Cyber Crime Reporting Portal) https://cybercrime.gov.in/Webform/CrimeCatDes.aspx accessed 14 April 2026.
- National Crime Records Bureau (NCRB). (2023). Crime in India 2023. Ministry of Home Affairs, Government of India. Retrieved April 14, 2026, from https://data.opencity.in/dataset/40449a25-7fb3-4e38-91b9-f834af6078e2/resource/7ac7f9fc-7567-4c5d-8a24-9777b9f47519/download/cb95d6e0-f96a-41df-80c0-92ab2fbd74f5.pdf
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- UNICEF, ‘Cyberbullying: What is it and how to stop it’ (UNICEF) https://www.unicef.org/stories/how-to-stop-cyberbullying accessed 14 April 2026.
- Akanksha Pathak and Prateek Tripathi, ‘Digital Victimisation of Women in Cyberspace: An Analysis of Effectiveness of Indian Cyber Laws’ (Vol 7, NLU Assam LawReview) https://nluassam.ac.in/docs/Journals/NLUALR/Volume-7/Article%207.pdf
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- Bharatiya Nyaya Sanhita, 2023
- Information Technology Act, 2000
- Indian Penal Code, 1860
- Shreya Singhal v Union of India (2015) 5 SCC 1
- Kalandi Charan Lenka v State of Odisha BLAPL No 7596 of 2016 (Odisha HC)
- Ministry of Home Affairs, ‘User Manual for Reporting Cyber Crime Against Women and Children (CP/RGR)’ (Government of India, 30 August 2019) https://cybercrime.gov.in accessed 14 April 2026.
- Government of India, ‘India well-equipped to tackle evolving online harms and cyber crimes; Government to Parliament’ (Press Information Bureau, 8 August 2025) https://www.pib.gov.in/PressReleaseIframePage.aspx?PRID=2154268&lang=2 accessed 17 April 2026
- Ministry of Home Affairs, ‘Cyber Hygiene for Cyberspace: Do’s & Don’ts’ (Government of India, December 2021) https://cybercrime.gov.in accessed 17 April 2026.
