Protecting yourself from Online Harrassment

Any criminal behaviour that occurs on or through computers, the internet, or other recognised technology is considered a cybercrime, according to the Information Technology Act. Cyber Crimes are also dealt with under the Indian Penal Code, 1860. The Ministry of Home Affairs (MHA) notified the Home Committee that according to the NCRB’s 2019 report, “Crime in India,” there were 50035 cybercrimes in 2020, up from 21 796 in 2017 and 27,248 in 2018. Thus, India reported an 11% jump in the rate of cyber crimes in the year 2020. There exist several kinds of cybercrimes which can be considered to be online harassment.

1. Cyberstalking: Cyberstalking is the practice of stalking or harassing a person over the internet or through other technological means. Text messages, emails, social media posts, and other types of cyberstalking are frequently persistent, methodical, and planned.
2. Online Impersonation: When someone fraudulently uses an electronic signature, a password, or any other unique identifier on another person’s behalf, they are engaging in impersonation or risking identity theft.
3. Catfishing: Creating a fictional character or false persona on a social networking site with the intention of preying on a specific victim is known as catfishing.
4. Doxing: Doxing is an act where usually the internet is used to disclose previously confidential personal information about a person or any organization.
5. Sweating: Swatting is a form of criminal harassment that involves tricking the emergency services into sending police or other response teams to someone else’s address.
6. Trolling: Trolling is the practice of posting inflammatory, false, off-topic, irrelevant, or digressive statements in an online community with the aim of inciting readers’ emotional reactions or swaying others’ perceptions.
7. Revenge Porn: Revenge porn is the uninvited dissemination of people’s sexually graphic photos or films. The person may or may not have been aware of the creation of the content, which may have been done with or without their knowledge by a partner in an intimate relationship at the time.

Offences Dealing with Cyber Crime Under Indian Penal Code:

Section 292: Although the original intent of this clause was to combat the sale of pornographic materials, it has since developed to cover a variety of cyber offences as well.

This clause also applies to how pornographic or sexually explicit activities or exploits of youngsters are publicised or distributed electronically. Such offences are punishable by up to two years in jail and fines of Rs. 2000. For repeat (second-time) offenders, any of the aforementioned crimes may result in a sentence of up to five years in jail and a fine of up to Rs. 5000.

Section 354D: This section describes and penalises stalking, including both physical and online stalking. For the first offence, this crime carries a maximum sentence of 3 years in jail; for the second offence, it carries a maximum sentence of 5 years in prison and a fine.

Section 507: Section 507 of the Indian Penal Code states that, in addition to the punishment stipulated for the offence by the last preceding section, anyone found guilty of criminal intimidation who uses an anonymous communication or takes steps to hide the identity or location of the source of the threat will be punished with imprisonment of either description for a term that may reach two years.

Section 509: Section 509 of the IPC states that whoever intends to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object which intrudes upon the privacy of such woman shall be punished with imprisonment up to 3 years and fine.

Offences Under Information Technology Act, 2000: The IT Act is a significant part of the overall Indian legal system since it governs how cybercrimes are investigated and prosecuted. There are several provisions in the IT Act that deal with cyber crimes but majorly, the offences have been enshrined in Sections 65-78. Section 66 deals with some actions which can violate the privacy of a person. If such acts are conducted in a dishonest or fraudulent manner, then it might call for imprisonment which can extend up to three years. Section 67 deals with obscene material that is published online. If found guilty, the maximum prison sentence is five years, and the maximum fine is Rs. 10 Lakhs.

If any person is being subjected to any type of cybercrime or online harassment, then it is necessary that an FIR is filed with the nearest police station. A government website named cybercrime.gov.in has also been created which gives an option to file a complaint with the specialists dealing with online cases. A detailed complaint can be filed under this portal and it is required that any evidence relating to the offence shall be uploaded to it. It is always better to share a personal number on the portal so that the concerned police officers can contact the victim for further information. If the offence that has occurred is linked to the bank account, then the information regarding it must be provided to the bank officials so that certain preventive actions can be taken.