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ARTICLE · 16 MAY 2022

Cyberstalking And The Indian Jurisprudence

Khurana & Khurana, Advocates and IP Attorneys
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With the increasing cyber threats and cyber crimes, it is indispensable to understand the intricacies of cyber stalking and the Indian law governing it.

IndiaMedia, Telecoms, IT, Entertainment

The cliché portrayal of stalkers as a man in black coat who follows a woman in dark alleys on a rainy night has changed over the years. Stalking is not restricted to unwanted following but also includes repeated phone calls or sending unwarranted letters. With the technological advancements the crime of stalking has assumed multiple new forms and dimensions in the form of cyber stalking. It is characterized by repeated victimization. Almost all the developed nations have directly or indirectly criminalized this offence. The definition of cyber stalking was aptly given in the case of State (Cyber Cell) v Yogesh Pandurang Prabhu:

"Cyber stalking is a crime in which the attacker harasses a victim using electronic communication, such as e-mail or instant messaging (IM), or messages posted to a Web site or a discussion group. A cyber stalker relies upon the anonymity afforded by the Internet to allow them to stalk their victim without being detected."

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