CYBERBULLYING AND ONLINE HARASSMENT: THE NEED FOR SPECIFIC LEGAL REMEDIES IN INDIA

This Article is written by Tanishq Kumar of Chaudhary Charan Singh University, an intern under Legal Vidhiya

ABSTRACT

The fast-paced evolution of digital technologies in India has opened up new channels of communication and social engagement but has also unleashed serious challenges in the form of cyberbullying and online harassment. These misuses of the digital space cause varying levels of emotional, social, and even economic damage to their victims overwhelmingly women, children, LGBTQ+ individuals, and marginalized groups. The existing Indian legal framework, albeit dealing with some aspects of digital misbehaviour, is incomplete and lacks a specialist and systemic treatment of the nature of cyberbullying and online harassment. This article presents a comprehensive overview of the phenomenon, explores India’s legislative and judicial response, identifies existing gaps, and argues for the imperative need for specific legal solutions. Relying on legislation, case law, comparative international practice, and research studies, it urges comprehensive reforms to ensure digital well-being and ensure constitutional values in the rapidly changing Indian cyberspace.

KEYWORDS

Cyberbullying, Online Harassment, Indian Law, Information Technology Act, Mental Health, Digital Abuse, Social Media, Gender Justice, Legal Framework, Digital Safety, Jurisprudence, Civil Rights

INTRODUCTION

India’s digital revolution has transformed everything from education to commerce, politics to personal relationships. “India is a force to be reckoned with in the digital economy of the world, with over 850 million internet users in 2025”[1]. But these developments came hand in hand with an appalling rise in cyberbullying and stalking, offenses that occur “at a scale and persistence inconceivable before the advent of smartphones and social media.”[2] The victim, in the majority of cases, suffers from mental trauma, fear, and irreparable reputational loss, with little or no recourse available.

In contrast to traditional harassment, cyberbullying takes advantage of the anonymity, amplification, and persistence of the internet-based networks, rendering abuse unrelenting and in certain cases unavoidable. “Online harassment, by its nature, defies geography, time, and community boundaries, making it difficult to regulate and enforce.”[3] As there is no specific law in India, the perpetrators can act with a degree of impunity.

WHAT IS CYBERBULLYING?

Cyberbullying is more likely to be used to describe repeated, purposeful digital behavior intended to harm or intimidate a person, especially those believed to be vulnerable. Online harassment is a catch-all term and includes behavior aimed at sending threatening or abusive messages, communicating false or private information, cyberstalking, doxxing, and posting unauthorized or manipulated content. Both can take the form of relentless trolling, hate speech, sexual harassment, harassment campaigns, and exclusion from online communities.

In the Indian context, cyberbullying and harassment take the shape of posting abusive, threatening, or obscene messages; spreading defamatory matter; hacking and identity theft; social exclusion and impersonation; and concerted campaigns of slander. All these methods of online aggression instantly raise issues of a social, legal, and civic nature, especially since society is becoming increasingly integrated with digital media.

SCOPE AND EFFECT

Various studies report the rising line graph of cyberbullying in India. After COVID-19 lockdowns and the mass shift to online media, a significant percentage of Indian teenagers, women, and professionals have reported being victims of cyberbullying or harassment. The proliferation of trends like non-consensual sharing of intimate images, coordinated ‘trolling’ attacks, deepfakes, and constant abusive messaging campaigns has been well-documented.

The psycho-social impact is paramount. Mental health professionals are reporting rises in anxiety disorders, depression, self-isolation, and even self-harm directly linked to incidents of cyberbullying. The emotional scars of abuse on the internet can be deeper and more ingrained than those of abuse offline, with digital footprints that can never be fully deleted. Online abuse also overlaps with deeply embedded prejudices i.e. gender, caste, religion, sexuality, tending to double the vulnerability of certain groups.

Average and ordinary people are also subjected to public shaming, threats, or violence through online campaigns. “Digital violence reinforces existing societal prejudices and creates new fault lines in communities.”[4] They are mostly not reported because of fear, stigma, or distrust in remedies offered.

THE CURRENT LEGAL PARADIGM IN INDIA

Information Technology Act, 2000

The main law regarding cybercrimes in India is the Information Technology Act, 2000 (IT Act)[5]. “Although the IT Act includes some provisions of offence related to electronic communication and data, it does not specifically criminalise or define cyberbullying or online harassment.“[6] Offences such as unauthorized access (Section 43), publication or transmission of obscene content (Section 67), breach of privacy (Section 66E), and breach of confidence of the intermediary (Section 72) are covered, but the provisions are piecemeal.

Section 66A, hitherto targeting offensive electronic communication, was held unconstitutional by the Supreme Court in Shreya Singhal v. Union of India[7] on vagueness and excessiveness grounds. Section 66A’s repeal has created a legislative void, and victims of all forms of digital abuse have no recourse under the existing IT Act.

The 2021 Intermediary Guidelines and Digital Media Ethics Code mandated compliance with online platforms, including instant take-down of illegal content and the appointment of grievance officers. But “these guidelines lack teeth and remain difficult to enforce, especially for smaller platforms and for those outside urban centers.”[8]

Indian Penal Code, 1860, and Ancillary Legislation

The IPC[9] has a number of sections that can, similarly, be applied to online harassment—Section 499 (defamation), Section 503 (criminal intimidation), Section 354D (stalking), Section 509 (insulting the modesty of a woman), and Section 507 (criminal intimidation by anonymous communication). “None of these sections were written with the technological niceties of digital offence in mind.”[10] Enforcement is still patchy, as police and prosecutors have to stretch language originally drafted for physical world misbehaviour to cover digital harms.

In addition to the IPC, certain laws such as the Protection of Children from Sexual Offences (POCSO) Act, 2012[11], and the Indecent Representation of Women (Prohibition) Act, 1986[12], cover certain types of online misconduct, namely against children or sexual abuse.

Regulatory and Sectoral Gaps

The lack of legal definitions of cyberbullying or online harassment makes the legal context more complicated. In contrast to Australia or Singapore, India does not have a specialized statute or agency with the sole mandate to prevent and respond to cyberbullying. This results in differential treatment by the police and the courts and puts victims at the mercy of grassroots institutional capacities.

Most schools and workplaces have voluntary anti-bullying codes, but poor compliance and absence of legal enforcement render these useless. Law enforcement agencies, especially at the local level, are not usually technologically competent or digitally literate enough to carry out effective investigations in a timely fashion.

LEGAL AND PRACTICAL CHALLENGES

Attribution and Anonymity

“Digital anonymity is a shield for abusers, and it is an obstacle to detection and prosecution, especially for law enforcement.”[13] Abusers can use fake profiles, VPNs, and end-to-end encryption messaging applications. In most cases, even if digital trails are found, the clear link to a real person is tenuous.

Jurisdictional and Extraterritorial Problems.

“Abusive content can be posted from anywhere in the world and hosted on foreign servers outside India, a reality which renders enforcement of Indian law difficult and often impossible.”[14] Section 75 of the IT Act attempts to provide for extraterritorial jurisdiction, but enforcement in fact is plagued by issues like data localization, foreign cooperation, and hostile foreign legislation.

Evidentiary Barriers

Digital evidence is notoriously easy to manipulate, destroy, or hide—raise doubts about its admissibility and credibility to the courts. The police officers usually lack the cyber-forensic tools to collect, store, and authenticate digital evidence in the correct way. The burden of evidence still lies with the victims, who lack the technical expertise and means to store evidence prior to deletion or erasure.

Social and Cultural Factors

The victims, and especially women and children, fear reporting of cyber abuse due to fear of public shame, family backlash, and social retaliation. Sociocultural factors, such as victim-blaming and stigma surrounding cyber abuse, have created a culture of silence, underreporting, and impunity. Reporting itself can be socially toxic in traditional communities.

Psychological and Emotional Trauma

The damage that is inflicted on victims of cyberbullying and internet stalking is not just legal or reputational, but very psychological. Several studies put a good deal of stress on the connection between cyber abuse and a range of mental health conditions, from acute anxiety to chronic depression and suicidal thinking. The law’s solutions are sluggish and ineffective, offering very little immediate assistance or protection.

EMERGING TRENDS AND SIGNIFICANT CASES

India has witnessed a number of high-profile cases of cyberbullying in recent years. In 2020, the ‘Bois Locker Room’ scandal put the ugly underbelly of online abuse of young urban youth in the national spotlight, highlighting the issue of misogyny and non-consensual posting of intimate images. The 2021 tragic suicide of a West Bengal schoolgirl after prolonged online harassment put a face to normally unseen agony of young victims.

Woman journalist violence, doxxing of public figures, concerted efforts to muzzle critics, and surges in image-based sexual harassment have mobilized policymakers into action. This has gone hand in hand with an online rights movement, as NGOs, civil society, and survivors have called for greater legal protections and improved support systems for victims.

INTERNATIONAL COMPARISON AND BEST PRACTICES

Australia, Singapore, and the United Kingdom have implemented special laws and specialized bodies to address cyberbullying and online harassment. Australia’s Enhancing Online Safety Act authorizes the eSafety Commissioner to order the removal of offending material and to award redress to victims. Singapore’s “Protection from Harassment Act criminalizes various abusive online behavior and facilitates swift civil remedies. The European Union’s Digital Services Act obliges online platforms to conduct risk assessments, reduce digital harms, and offer remedies to users.

In comparison with this, India’s response continues to depend on broad criminal law and sectoral administrative law without targeted legislation or specialist agencies with enforcement powers. Indian victims are comparatively less safeguarded through the absence of international best practice and are not an effective deterrent to perpetrators.

POLICY RESPONSES AND GOVERNMENT ACTION

The Indian government has introduced the National Cyber Crime Reporting Portal, established cyber cells in cities and states, and encouraged digital literacy initiatives in schools. Ministry of Women and Child Development and National Council of Educational Research and Training (NCERT) has also issued guidelines to schools requesting them to develop anti-bullying policies and measures.

The 2021 Information Technology Rules mandate intermediaries to act with alacrity in processing takedown notices and appoint grievance officers in India. Amidst such innovation, there are gaps of considerable size: “The guidelines are largely procedural, with little attention to victim support, rehabilitation, or prompt judicial remedy. There is also no single national database or reporting system for digital abuse to enable timely tracking and response.

JUDICIAL REACTIONS AND CASE LAW

Indian courts have come to understand the seriousness of cyberbullying and the insufficiency of available legal remedies. In Kalindi Bose v. State of Delhi (2018)[15], the Delhi High Court granted a speedy remedy to a woman victim who was a victim of image-based abuse and ordered expeditious removal of content from the Internet. Priya Prakash Varrier v. Union of India (2019)[16], a Supreme Court case, highlighted the fine line between freedom of expression and online security, particularly for marginalized groups.

But in the majority of situations, the courts are constrained by the limitations of available law and are left to make do with improvised solutions, which breed contradictions and conflicting standards. Even when the courts provide timely protection, it is often delayed by infrastructural and institutional hurdles on the ground.

RECOMMENDATIONS AND PATH FORWARD

Special Law Enforcement

India requires a robust “Cyberbullying and Online Harassment Prevention Act” that is clear on these crimes, offers criminal, civil, and administrative relief, and conforms to global human rights standards. The legislation should give power to victims to seek protection orders, enable expedited removal of offending content, and mandate anonymity to the victim if necessary.

Strengthening Platform Accountability

Intermediaries online must be subjected to more robust legal requirement—prescribing the installation of proactive detection mechanisms, transparent complaint processes, and time-bound takedown processes. The law must also mandate periodic disclosure of platform transparency reports on abuse and redressal action.

Expert Mechanisms and Expedited Remedies

The institution of expert cyber courts or digital rights ombudsmen at state and federal levels would ensure the trial of cyber abuse cases within a short, legislatively defined time period. Provisions for evidence collection, victim support, and legal aid need to be written in law.

Prevention Education and Awareness

“National digital literacy campaigns, especially for students, teachers, police, and judicial officials, are crucial for prevention and early intervention.” Curricula at all levels should include modules of digital citizenship, online safety practices, bystander intervention, and rights-based reporting.

Timely Support to Victims

Free psychological counseling, digital evidence preservation, and legal support must be provided to the victims in a timely fashion. These facilities must be offered by the government departments, schools, and websites.

International Cooperation

India will need to become a member of the relevant international conventions, standardize cross-border digital evidence procedures, and support international efforts towards preventing online harm. Strong international cooperation and information sharing mechanisms will be essential to control global digital crimes.

Establishment of a Central Authority

A legislature with the mandate of maintaining a national database of cyberbullying incidents, tracking trends, promoting policy coordination, and directing law enforcement and the judiciary must be established. Periodic research, publication, and training programs will ensure policy responses that are adaptive in nature.

CONCLUSION

India’s future in the digital age has never looked more promising, yet more daunting. Cyberbullying and online harassment endanger the fundamental rights of countless individuals, undermine participation in the digital economy, and weaken public trust in online spaces. Despite these challenges being well understood, the country’s legal reaction remains insufficient, decentralized, and lagging behind the velocity and nature of digital harm.

In order to implement the constitutional vision of dignity, freedom, and equality, and establish a robust digital society, India must implement precise, descriptive, and resolute legal measures against cyberbullying and harassment on the internet, grounded in international best practices and the actual experience of its people.

REFERENCES

1. Boston Consulting Group, India to Have 850 Million Online Users by 2025, Finds BCG, Consultancy.in https://www.consultancy.in/news/85/india-to-have-850-million-online-users-by-2025-finds-bcg (last visited July 20, 2025).
2. Citron, Danielle Keats, Cyber Civil Rights, 89 B.U. L. REV. 61 (2009).
3. Digital Personal Data Protection Act, 2023, No. 22 of 2023, INDIA CODE (2023).
4. ESAFETY COMM’R, Anonymity and identity shielding, https://www.esafety.gov.au/industry/tech-trends-and-challenges/anonymity (last visited July 20, 2025).
5. HAIDT, JONATHAN, THE ANXIOUS GENERATION: HOW THE GREAT REWIRING OF CHILDHOOD IS CAUSING AN EPIDEMIC OF MENTAL ILLNESS (2024).
6. Indecent Representation of Women (Prohibition) Act, 1986, No. 60 of 1986, INDIA CODE (1986).
7. Indian Penal Code, 1860, No. 45 of 1860, INDIA CODE (1860).
8. Information Technology Act, 2000, No. 21 of 2000, INDIA CODE (2000).
9. Kalindi Bose v. State of Delhi, (2018) S.C.C. OnLine Del 10939 (India).
10. Law Crust, Cyber Bullying Law in India, LAWCRUST (Mar. 11, 2025), https://lawcrust.com/cyber-bullying-law-india/ (last visited July 20, 2025).
11. MANUPATRA, Cyberstalking and Online Harassment: A New Challenge to Law Enforcement Agencies, https://docs.manupatra.in/newsline/articles/Upload/FDF5EB3E-2BB1-44BB-8F1D-9CA06D965AA9.pdf (last visited July 20, 2025).
12. Priya Prakash Varrier v. Union of India, (2019) 2 S.C.C. 400 (India).
13. Protection of Children from Sexual Offences Act, 2012, No. 32 of 2012, INDIA CODE (2012).
14. Shreya Singhal v. Union of India, (2015) 5 S.C.C. 1 (India).
15. THE HINDU CTR. FOR POL. AND PUB. POLICY, Citizens and the State: Policing, Impunity, and the Rule of Law in India (Mar. 1, 2024), https://www.thehinducentre.com/incoming/citizens-and-the-state-policing-impunity-and-the-rule-of-law-in-india/article67887312.ece (last visited July 20, 2025).
16. UN WOMEN, A YOUTH GUIDE TO END ONLINE GENDER-BASED VIOLENCE (2024), https://asiapacific.unwomen.org/sites/default/files/2024-05/ap-c876-toolkit_second-edition_v3-2024-s01.pdf (last visited July 20, 2025).
17. Vij, Nikhil, The Intermediary Rules, 2021: Old Wine in a New Bottle?, LIVELAW (Apr. 15, 2021), https://www.livelaw.in/columns/the-intermediary-rules-2021-old-wine-in-a-new-bottle-172586 (last visited July 20, 2025).

[1] Boston Consulting Group, India to Have 850 Million Online Users by 2025, Finds BCG, Consultancy.in (July 22, 2019), https://www.consultancy.in/news/85/india-to-have-850-million-online-users-by-2025-finds-bcg (last visited July 20, 2025).

[2] JONATHAN HAIDT, THE ANXIOUS GENERATION: HOW THE GREAT REWIRING OF CHILDHOOD IS CAUSING AN EPIDEMIC OF MENTAL ILLNESS (2024).

[3] Danielle Keats Citron, Cyber Civil Rights, 89 B.U. L. REV. 61 (2009).

[4] UN WOMEN, A YOUTH GUIDE TO END ONLINE GENDER-BASED VIOLENCE (2024), https://asiapacific.unwomen.org/sites/default/files/2024-05/ap-c876-toolkit_second-edition_v3-2024-s01.pdf (last visited July 20, 2025).

[5] Information Technology Act, 2000, No. 21 of 2000, INDIA CODE (2000)

[6] Law Crust, Cyber Bullying Law in India, LAWCRUST (Mar. 11, 2025), https://lawcrust.com/cyber-bullying-law-india/ (last visited July 20, 2025).

[7] Shreya Singhal v. Union of India, (2015) 5 S.C.C. 1 (India)

[8] Nikhil Vij, The Intermediary Rules, 2021: Old Wine in a New Bottle?, LIVELAW (Apr. 15, 2021), https://www.livelaw.in/columns/the-intermediary-rules-2021-old-wine-in-a-new-bottle-172586 (last visited July 20, 2025).

[9] Indian Penal Code, 1860, No. 45 of 1860, INDIA CODE (1860).

[10] THE HINDU CTR. FOR POL. AND PUB. POLICY, Citizens and the State: Policing, Impunity, and the Rule of Law in India (Mar. 1, 2024), https://www.thehinducentre.com/incoming/citizens-and-the-state-policing-impunity-and-the-rule-of-law-in-india/article67887312.ece (last visited July 20, 2025).

[11] Protection of Children from Sexual Offences Act, 2012, No. 32 of 2012, INDIA CODE (2012)

[12] Indecent Representation of Women (Prohibition) Act, 1986, No. 60 of 1986, INDIA CODE (1986).

[13] ESAFETY COMM’R, Anonymity and identity shielding, https://www.esafety.gov.au/industry/tech-trends-and-challenges/anonymity (last visited July 20, 2025).

[14] MANUPATRA, Cyberstalking and Online Harassment: A New Challenge to Law Enforcement Agencies, https://docs.manupatra.in/newsline/articles/Upload/FDF5EB3E-2BB1-44BB-8F1D-9CA06D965AA9.pdf (last visited July 20, 2025).

[15] Kalindi Bose v. State of Delhi, (2018) S.C.C. OnLine Del 10939 (India).

[16] Priya Prakash Varrier v. Union of India, (2019) 2 S.C.C. 400 (India).

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