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[Trigger Warning: This explainer contains information on physical violence, sexual violence, abuse and slurs which some readers may find disturbing.]
If a person persistently monitors or follows a person’s activity on the internet through email, social networks and instant messaging applications such as WhatsApp etc. it is a crime of cyberstalking.
Some of the common forms of cyber stalking are(( Kalandi Charan Lenka v. State of Orissa BLAPL No.7596 of 2016.)):
- Persistent contact by someone on different modes of social media, for example, WhatsApp and Facebook.
- Using social media to get all personal information and pictures of someone to use it against them.
- Sending emails containing obscene images and videos, displaying nude or morphed pictures along with threats and abuses.
- Posting obscene/nude pictures of someone on the internet or on a pornographic website.
- Monitoring a person’s activity by accessing a computer’s webcam or a computer device.
The punishment for online stalking is jail time up to three years along with a fine. For repeat offenders, the punishment is higher, i.e. up to five years jail time along with a fine.(( Section 354D, Indian Penal Code, 1860.))
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Aishwarya Senthil Kumar
November 29, 2024
A person has been stalking and trying to speak to me for almost a year. I tried to insist that person to speak directly, but that person never listened. I am scared to approach the police. Please help me.
Sikha
February 25, 2025
Dealing with stalking is a serious and emotionally challenging situation that requires a comprehensive and systematic approach. Under the recently enacted Bharatiya Nyaya Sanhita (BNS), specifically Section 78, stalking is recognized as a criminal offense, providing legal protection for victims. The first critical step is to meticulously document every interaction with the stalker, maintaining a detailed record that includes dates, times, nature of interactions, and any available evidence such as screenshots, messages, emails, and potential witness accounts.
Your safety should be the primary concern, so it’s essential to inform trusted friends and family about the situation, potentially change your daily routines, and block the stalker across all communication channels. Avoid direct engagement with the stalker, as this might escalate the situation or provide them with additional opportunities to continue their harassment.
When pursuing legal recourse, you have multiple avenues. You can file a written complaint at your local police station, presenting all documented evidence and requesting protection if you feel physically threatened. Online complaint portals like the National Commission for Women (NCW) Online Complaint Portal and the Cyber Crime Reporting Portal offer additional channels for seeking help. These platforms provide a formal mechanism to report stalking and seek intervention.
To support your legal journey, consider additional remedies such as seeking a restraining order or protection order, and consulting a lawyer about potential civil litigation. The legal system provides robust mechanisms to address stalking, with potential punishments including imprisonment.
Support is available through various helplines and resources. The Women’s Helpline at 1091, National Commission for Women at 011-26942369, and state-specific helplines like Delhi Police Women’s Helpline (1091) and Maharashtra Women’s Helpline (103) can provide immediate assistance. For psychological support, resources like the NIMHANS Helpline (080-26530542) and iCALL Psychosocial Helpline (022-25521111) offer counseling and emotional support.