Stalking is an act that many people may have engaged in at some point in their lives, often without realizing its seriousness. Traditionally, stalking was not perceived as a serious offence, and few imagined that it could evolve into a form of cybercrime. This lack of concern exists primarily because stalking is often not taken seriously and is not viewed on par with major offences such as terrorism or hacking.
Cyberstalking began to gain recognition as a serious issue when behaviours constituting stalking, the different types of stalkers, and the impact of stalking on victims received considerable attention over the past two decades. Although cyberstalking has been widely discussed, there is still limited empirical data to conclusively support many opinions surrounding it—particularly regarding how to identify a cyberstalker. In India alone, over 18,000 cases of cyberstalking have been registered.
Black’s Law Dictionary defines stalking as “the act or an instance of following another by stealth or the offence of following or loitering near another, often surreptitiously, with the purpose of annoying or harassing that person or committing a further crime such as assault or battery.” When such conduct is carried out through virtual platforms without any physical or face-to-face interaction, it is known as cyberstalking.
Online harassment is a significant component of cyberstalking and contributes to its criminal nature. Internet harassment is often difficult to prove due to the lack of tangible evidence. It commonly involves sending unwanted emails that are abusive, threatening, or obscene. In some cases, it may include electronic sabotage, such as sending hundreds or thousands of junk emails (commonly known as spamming) or transmitting computer viruses. Indirect harassment may involve subscribing victims—without their consent—to multiple mailing lists, resulting in a flood of unwanted emails and even payment notices for subscriptions they never authorized.
Rejected Stalkers:
These individuals pursue their victims out of resentment or a desire for revenge, often following the breakdown of a relationship they perceive as unjust.
Aggrieved Stalkers:
Such stalkers are fully aware that their actions are unwanted, yet they persist. They can be particularly dangerous due to their strong sense of grievance and entitlement.
Intimacy Seekers:
These stalkers seek a close or romantic relationship with the victim. Although they may not intend harm, their delusional belief in a destined relationship causes fear and distress to the victim.
Incompetent Stalkers:
These individuals lack social skills and focus obsessively on forming a relationship with the victim, often misinterpreting social cues.
Predatory Stalkers:
Often exhibiting psychopathic tendencies, these stalkers are motivated by perverse sexual desires and seek power, control, and sometimes physical harm to their victims.
The amended Information Technology Act, 2008 does not explicitly define or address stalking. Instead, it treats stalking as an intrusion into an individual’s privacy.
Section 72 – Breach of Confidentiality and Privacy:
Any person who, while exercising powers under the Act or its rules, gains access to electronic records or information without consent and discloses such material shall be punished with imprisonment up to two years, or a fine up to one lakh rupees, or both.
Section 72A – Punishment for Disclosure of Information in Breach of Lawful Contract:
Any person or intermediary who, while providing services under a lawful contract, gains access to personal information and discloses it without consent or in breach of contract—with intent to cause wrongful loss or gain—shall be punished with imprisonment up to three years, or a fine up to five lakh rupees, or both.
Section 441 – Criminal Trespass:
Criminal trespass is committed when a person unlawfully enters or remains on another’s property with intent to commit an offence or to intimidate, insult, or annoy the person in possession.
Section 354D – Stalking:
A man commits the offence of stalking if he:
Exceptions apply where the conduct is carried out for crime prevention, under legal authority, or where it is reasonable and justified.
Punishment includes imprisonment up to three years and a fine for the first conviction, and imprisonment up to five years and a fine for subsequent convictions.
Cyberstalking is undeniably a real and serious crime. No individual has the right to harass or stalk another person, whether directly or through digital means. Although cyberstalking has not received the same level of attention as other offences, its presence and impact are undeniable.
It is essential for the general public to be aware of existing laws and to actively combat cybercrime. Cyberstalking demands greater attention, stricter laws, trained officials, and advanced technological tools. Offenders often exploit the anonymity of the internet to commit such crimes, making enforcement more challenging. Stronger legal frameworks and effective implementation are crucial, as mere rules are insufficient. Victims can approach their nearest police station or CBI office to lodge complaints against cyberstalking and online harassment.