In India, online harassment is a serious concern, and several laws address different aspects of cybercrimes, including harassment. Some key legal provisions related to online harassment in India include:
- Information Technology Act, 2000 (IT Act):
- The IT Act is the primary legislation dealing with cybercrimes in India.
- Section 66A of the IT Act was struck down by the Supreme Court in 2015 as it was deemed unconstitutional. However, other relevant sections remain in force.
- Section 66C – Identity Theft:
- This section deals with identity theft, which can be a form of harassment online.
- Section 66D – Cheating by Personation:
- This section addresses online impersonation, where someone pretends to be another person with the intent to cause harm.
- Section 67 – Publishing or Transmitting Obscene Material:
- This section deals with the publication or transmission of obscene material, including through electronic means, and can be applicable in cases of online harassment involving explicit content.
- Section 67A – Punishment for publishing or transmitting of material containing sexually explicit act:
- This section specifically addresses the publication or transmission of sexually explicit material, and it carries stringent penalties.
- Section 67B – Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc.:
- This section pertains to the online dissemination of material that involves minors in sexually explicit acts.
- Section 509 – Word, gesture or act intended to insult the modesty of a woman:
- While not specific to online harassment, this section of the Indian Penal Code can be invoked in cases where harassment is targeted at women.
- Section 503 – Criminal Intimidation:
- This section deals with criminal intimidation, which may include threats made online.
- Section 354D – Stalking:
- This section addresses the offense of stalking, including online stalking, and provides legal recourse to victims.
- Section 499 and 500 – Defamation:
- Defamatory statements made online may also be covered under the defamation laws of India.
- National Cyber Crime Reporting Portal:
- The Indian government has set up a National Cyber Crime Reporting Portal to report cybercrimes, including online harassment.
It’s important to note that the legal landscape is dynamic, and amendments or new legislations may have been introduced since my last update. Additionally, the effective implementation of these laws and the response of law enforcement agencies may vary.
If you are facing online harassment or need legal advice, it is recommended to consult with a legal professional for the most accurate and up-to-date information.