Civil Procedure Code (CPC)

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Vasundhara Singh (Student)     05 June 2021

Cyber stalking

I have a friend whose pictures were taken from her social media account by a junior in her school and circulated to other guys with her contact details. Since then, she has been receiving all kinds of messages from random boys. Can you suggest what remedy she can get under the law?  



 5 Replies

Saura Patil   05 June 2021

Hello, 

Greetings of the day!

The problem your friend is facing is a violation of privacy. She can seek a remedy under Information Technology Act 2000, the Indian Penal Code and the Criminal Law (Amendment) Act. 

The person can be held liable under Section 67 of the ITA.  Section 67 of the ITA states that whoever publishes or transmits or causes to be published or transmitted in electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances to read, see or hear the matter contained and embodied in it shall be punished with imprisonment up to 3 years and a fine which may extend up to 5 lakh. 

In the case of Ritu Kohli, 2003 (the first case of cyberstalking), her name and contact information was published by her husband's friend on a chatting site. Ritu had then filed a complaint in the Cyber Cell under Section 509 of the Indian Penal Code for outraging her modesty. Section 509 of the IPC states that whoever intending to insult the modesty of a woman utters any word, makes any sound or gesture or act or exhibits any object intending that such a move will intrude upon the privacy of the woman, shall be punished with simple imprisonment for a term which may extend to one year or fine or with both

Your friend can also seek a remedy under the Criminal Law (Amendment) Act of 2013. The act includes stalking as an offense under section 35 D of the IPC. The section provides that any man who contacts and follows a woman proselytize personal communication repeatedly despite being a clear indication of disinterest by the woman and whoever observes the use of woman over the internet, instant messages and email or any other form of electronic media will amount to the offense of stalking. 

 

if she doesn't wish to approach the court, she can approach the National Commission for Woman by calling 011123219750

I hope this helped!

Regards, 

Saura Patil 

1 Like

ananya kumar   05 June 2021

Hello,

First of all thank you for bringing this up. And not just sitting ideal like many people do! 

The previous reply by Ms. Saura Patil has wonderfully explained the substantive laws associated with this issue. I.e. Sec 354D (criminal law (amendment) act, 2013, Sec 509 (Indian Penal Code) , and Sec 67 (Information Technology Act) can be initiated against the person. 

These are the provisions which can be used against the perpetrator. But to make things swift, please file a complaint against this person on all/any of the following portals (only to escalate the issue and bring it to the notice) 

1. File a complaint on cybercrime.gov.in

2. Dial 100 and state your matter. (You can site the above sections if they do not agree to file a complaint)

3. Any nearest police station. You can site the above sections if they do not agree to file a complaint)

If she is not willing/afraid of the police/court then,

4. NCW (as stated by Ms. Patil) can also be mentioned on thier twitter account. 

5. Can state your problem and issues on cyber-crime help webpages like 'cybersathi' 'akancha against harassment' etc. 

I hope this helps!

And kudos again girl. All the best. Please do update me on this on lawpretation@gmail.com.

- Regards

Ananya Kumar. 

 

 

 

 

 

Regards

 

 

 

 

 

 

 

 

 

 

 

1 Like

Sankaranarayanan (Advocate)     06 June 2021

I do endorse and appreciate experts points. 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     06 June 2021

yes I too agree with experts advises.

Sudhir Kumar (Dy Director)     10 June 2021

please follow abov eviews.  well explained.


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