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What is cyber stalking? How cyber stalking cases dealt with in Indian court of law?

Cyber stalking is a type of a crime. In the cyber stalking there is a involvement of two persons- Firstly, the stalker is also known as attacker who do the crime & Secondly, the Victim who is harassed by that stalker.

Abhishek Rastogi

What is cyber stalking?

Cyber stalking is a type of a crime. In the cyber stalking there is a involvement of two persons- Firstly, the stalker is also known as attacker who do the crime & Secondly, the Victim who is harassed by that stalker.

Cyber stalking is also known as cyber crime. Cyber which is related to the internet and the stalking means to browsing anyone’s online history with the help of any social media or in other websites to know about that particular person is term as stalking.

STALKING- the only term stalking means to consistently following any particular person over a long period of time. This activity also involves the harassment or threatening behavior. The stalker consistently following a person everywhere at home, market etc, and the stalker also threaten that person by repeatedly sending the messages, doing blank phone calls.

But, in the cyber stalking there is a use of the internet or any other electronic media by which the communication can be done through the E-mails or SMS to stalk that person.

A cyber stalker’s totally relies upon the inconspicuousness given by the internet, which allows them to stalk their victim without being detected. The cyber stalking is totally different from the spamming of the messages by the spammer.

Cyber stalking is a serious crime and there are many cases against it in India.

HOW THE CASES OF CYBER STALKING ARE DEALT WITH IN THE INDIAN LAWS?

Cyber stalking is a serious crime, a type of offence committed by the person’s known as the stalkers. There are many cases filed against those persons by the victim every year in India.

In India the cases which are filed against those stalkers are majorly reported by the females, nearly about 60% females get victimized.

The stalking is majorly spotted in the two states of India; Firstly, Maharashtra with 1,399 cases which had a higher number of stalking.

Secondly, Delhi with around 1130 cases is filed against the stalking.

The cyber stalking cases are dealt in India by the:-

1. Information technology act 2000.

2. The criminal law (Amendment) act 2013.

1. Information technology act 2000.

If any person is publishing or sending any salacious material in the form of electronic media is to be charged under section 67 of the Act. This dose not involves the determination of the extent of liability of ISP (internet service providers) and their directors.

For the preclusion of cyber stalking the protection of the data is very important, which gets leaked easily by the hackers. According to the amended IT act, section 43 A is added for the inclusion of a “Body corporate”, the allowing of the compensation in the case of a firm or a company which causes any wrongful losses or gain to any person by the way of transmitting any sensitive information and the maintenance of such type of security, then such body corporate shall be liable to pay damages by way of compensation.

2. The criminal law (Amendment) act ,2013.

The act includes “Stalking” as an offence under   Section 35D of the IPC(Indian penal code). This act states that, “Any man” who-

i. contacts and follows a woman or attempts to contacts such woman to proselytize personal communication repeatedly despite of being clear indication of disinterest by such woman or;

ii. Observe the use of a woman over the internet, instant messages, e-mail or any other form of electronic communication is the offence of stalking”.

Racism is also a factor in cyber stalking.

Categories: Corporate Law
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