What Is Cyberstalking – Punishment, Act And Complaint Process
In today’s digital era, where everything is going online, similar crimes are also coming out in new form. Cyber stalking is also one such crime in which a person repeatedly harasses, chases or tries to intimidate through internet, social media (Instagram, Facebook, WhatsApp etc.), email or chat, etc. It is a serious cybercrime and there is also a provision for punishment and bail in Indian law.
Today, in this article, we are going to discuss the important provisions related to the crime of cyber crime, the crime of cyber stocking, such as what is the meaning of cyber stocking.
What is Cyber Stalking?
Cyber Stalking is a crime that includes a person chasing him without consent, contacting him or constantly trying to intimidate him, which makes the person feel threatened.
What is the meaning of cyber stalking?
Cyber stalking is a crime in which the stocker monitored a person to harm a person through the Internet or any other electronic media, tries to contact him via unwanted e-mail or SMS, or his personal information or photo is scared of fear of leaking online.
Examples of cyber stalking crime
To disturb a person by creating fake profiles on social media.
Pressure to talk to a person by repeatedly contacting social media or email.
Get sensitive information like online password.
Online sexual harassment.
Posting porn or morph photos on the Internet with the intention of defaming a person.
To make objectionable or vulgar comments on social media.
Keep an eye on his online activity with the intention of getting personal information of a person.
Sending or asking objectionable photos to someone on the Internet.
Get someone’s personal information and blackmail it.
What is the Information Technology Act 2000?
The Information Technology Act 2000 was passed by the Indian Parliament for the purpose of dealing with cyber crime which is also known as the IT Act. It defines cyber crimes and determines punishment for them.
Information Technology Amendment Act 2008
The Information Technology Amendment Act 2008 added new provisions related to sending objectionable messages, pornography, children’s pornography, cyber terrorism and varies to the IT Act.
Section of Cyber Stalking and Indian Justice Code (BNS)
The Criminal Amendment Act 2013 came into force after the Nirbhaya gang-rap, in which Section 78 was added to the Indian Justice Code (BNS) to deal with the crime of stocking and cyber stocking.
If a man chases a woman, contacts her or forcibly tries to contact her; Or
If a woman monitors the use of internet, email or any other type of electronic communication, she commits a crime of stalking.
Punishment for cyber stalking
Cyber Stalking in India is a punishable offense under the Indian Penal Code and Information Technology Act 2000 which provides for the following punishment:
Punishment under Section 78 of the Indian Code of Justice of India: The Indian Penal Code provides for jail and fine up to 3 years if found guilty for the first time in cyber stocking crime; There is a provision for jail and fine up to 5 years if found guilty for the second time.
Punishment under Section 67A of the Information Technology Act 2000 (Punishment under SEC 67A of Information Technology Act 2000): According to this section, if a person sends or causes pornographic or sexual act related to an electronic media through the Internet or any electronic media, it can be punished for up to five years in jail and five lakh rupees.
Decorated under Section 67 of the Information Technology Act 2000 (I.T Act 2000): According to this section, if a person sends or sends or sends a pornographic material through electronic media or sends or sends it, he can be punished with a jail and fine for up to 3 years.
Bail in cyber-stalking crime
For those who commit crimes for the first time, this crime is bailable, but it can become a non-bailable offense for repeated crimes.
How to report cyber-stalking in India
File a complaint in cyber-cell: Enter a written complaint immediately in your city’s cyber-cell. Cyber cell was specially established to deal with cyber crimes.
Report to computer emergency response team: Under the Information Technology Amendment Act 2008, the Computer Emergency Response Team has been established as a national nodal agency to deal with computer safety matters.
FIR Enter: In case of lack of cyber-cell in the city, you are FIR in local police station. Can register.
National Cyber Crime Reporting Portal: This portal provides facility to file complaint online for cyber crime. Based on the information provided, the investigating agencies take action on the complaint.
Helpline Number: You can also file a complaint on National Cyber Crime Portal Helpline Number 1930.
How to write applications for complaints of cybercrime
You have to write an application mentioning the incident to the officer of your city’s cyber crime inquiry cell.
At the end of the application, the victim will also have to write his name, address and telephone number.
All important documents related to cyber crime incident will also have to be imposed along with the application.
Important documents to file a complaint of cyber crime
The following documents are required to file a complaint of cyber crime:
In case of email -based complaint:
Written complaint of criminal incident
Copy and title of email.
The hard and soft copy of the email and title should be only in the form of CD-R.
In case of social media based complaint:
A copy or screenshot of alleged profiles and objectionable messages.
Screenshot of the URL (web page address) of the alleged message or link.
The hard and soft copy of the above documents should be in the form of CD-R only.
Who should give an application to file a complaint of cybercrime
The nearest cyber cell officer will have to submit an application to register his complaint.
If there is no cyber crime cell in your city, then you can also submit the application to the police station or the cybercrime officer of your state.
In the event of not accepting a complaint at the police station, you can also submit an application to the Commissioner or Judicial Magistrate to file a complaint.
How to file a complaint online for cyber stalking
You can file a complaint online against cyber stocking on National Cyber Crime Reporting Portal. Click on the link given below:
First of all you have to go to the website of cybercrime official website https://cybercrime.gov.in/ website.
Click on the menu on ‘Report other cyber crimes’.
Click on ‘File Complaint’.
Read the conditions and accept them.
Register your mobile number, fill your name and state.
Fill the description of the crime.
Measures to avoid cyber stalking
Set a strong password for your phone and computer and online accounts.
Use anti-virus and anti-spyware software to keep your mobile, computer and laptop safe.
Public Wi-Fi can be easily hacked and reached your information, so avoid using it.
Set your post in privacy setting on social media only “sharing with friends”.
Avoid making unknown person friends on social media.
Do not share live location when using social media.
After using, log out your online and social media accounts.
Do not publicly share your personal information like email and phone number on social media accounts.