Online harassment, also known as cyberbullying, is a serious offense in India, and it is governed by various laws and regulations. The primary legislation that deals with online harassment is the Information Technology Act, 2000 (IT Act), along with the Indian Penal Code, 1860 (IPC). Let’s explore the details of the punishment for online harassment in India.
- Section 66A of the IT Act (Struck down):
Section 66A of the IT Act previously dealt with the offense of sending offensive or menacing messages through communication services. However, in March 2015, the Supreme Court of India declared Section 66A unconstitutional as it violated the freedom of speech and expression guaranteed under the Indian Constitution. This section is no longer valid. - Section 67 of the IT Act:
Under Section 67, publishing or transmitting obscene material electronically is considered an offense. If a person is found guilty, they can be punished with imprisonment up to three years and a fine. - Section 66C of the IT Act:
This section deals with identity theft, which can be a form of online harassment. If a person dishonestly uses another person’s electronic signature, password, or any other unique identification feature, they can be punished with imprisonment up to three years and a fine. - Section 354A of the IPC:
Section 354A was added to the IPC in 2013 to specifically address the offense of sexual harassment, including online harassment. If a person engages in any unwelcome physical, verbal, or non-verbal conduct of a sexual nature, they can be punished with imprisonment up to three years for the first offense. For subsequent offenses, the punishment can be extended up to five years. - Section 509 of the IPC:
Section 509 deals with the offense of insulting the modesty of a woman, including through electronic communication. If a person intends to insult the modesty of a woman by using words, gestures, or any other act, they can be punished with imprisonment up to three years or a fine. - Section 499 and 500 of the IPC:
These sections deal with defamation, including online defamation. If a person publishes or circulates any defamatory material against another person, they can be punished with imprisonment up to two years or a fine or both.
It’s important to note that these punishments are subject to change and can vary based on the severity of the offense, repeat offenses, and the specific circumstances of the case. Additionally, other provisions related to stalking, invasion of privacy, or hate speech may also apply depending on the nature of the online harassment.
In conclusion, online harassment is a punishable offense in India, and individuals found guilty can face imprisonment and fines under various sections of the IT Act and the IPC. It is always advisable to report instances of online harassment to the relevant authorities and seek legal recourse.