What can you do if someone is stalking you online?
If someone repeatedly attempts to contact you and you feel threatened or harassed by such acts, then such person has committed the offence of cyber stalking, for which he shall be punished with imprisonment up to 3has years on first conviction and on a second or subsequent conviction the imprisonment could extend up to 5 years.
The core areas where the stalking takes place are:
Live chat rooms/flaming,
E-mail,
Discussion forums and;
Message boards.
Sections related to Cyber-Stalking
Section 66A of Information Technology, 2000 talks about the offence of sending offensive messages through computer resource or a communication device. The same is punishable for a term up to 3 years.
Section 72 of IT Act comes into picture when someone is conferred with any power and in lieu of the same has access to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned, then the wrongdoer will be imprisoned for a term which may extend to 2 years, or with fine which may extend to one lakh rupees, or with both.
Section 292 of Indian Penal Code, 1860: This section deals with selling of books, pamphlet, paper, writing, drawing, painting, representation, figure that is deemed to be so obscene that it offends any person.
Section 345Dof Indian Penal Code, 1860: If a woman thinks that a man follows her or tries to make contact with an intention to foster personal interaction repeatedly, despite a clear indication of disinterest by such woman; or monitors a woman’s use of the internet, email or any other form of electronic communication, then he commits the offence of stalking. If it is the first time he is being convicted, then he shall be punished with an imprisonment for a term extendable to 3 years, but if he is convicted a second time for the same offence he will be punished for a period of 3 to 5 years.
Section 509of Indian Penal Code refers to words, gestures or acts intended to insult the modesty of a woman that intrudes upon the privacy of such woman punishable with simple imprisonment for a term which may extend to one year with fine, or with both.
How to Report Cyber-Stalking in India:
You must register a written complaint with your city’s cyber-cell. In case of non-availability of cyber-cells in the city, you can file an F.I.R. at the local police station.
In case of non-acceptance of your complaint, you can always refer your complaint to the commissioner or judicial magistrate of the city.
Legal Assistance: If you (woman), approach a police station with an allegation of cyber-stalking, you are entitled to legal counsel to help you file a case.
Privacy: Your statement would be taken down in private. Often the cyber police station has women police officers/constables who can help you to file a complaint.
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