Optional Grouping: Types of Online Abuse

If any person monitors the following used by a woman, it amounts to cyber stalking:

• Internet
• Email
• Any other form of electronic communication
• Social media platforms

For example, if someone is contacting you on multiple social media platforms despite making it clear that you are not interested in interacting with this person, then this means that they are stalking you online.

Anyone who is stalking you, if convicted for the first time, can face jail time up to three years and a fine, and on the second conviction, jail time up to five years and a fine.¹

1. Section 354D, The Indian Penal Code, 1860.[↩]

If you get anonymous threats online or you are blackmailed online, you can file a complaint with the cyber cell. To file a complaint, it is not necessary to know who is responsible for the crime. You should try and tell the police whatever you know, but you don’t have to know all the details. The person threatening or blackmailing you may be punished with jail time up to seven years or a fine or both.¹

1. Section 507, The Indian Penal Code, 1860; Section 503, The Indian Penal Code, 1860; Section 506, The Indian Penal Code, 1860.[↩]

If someone uses abusive language against you online or photoshops your image into content which is abusive or sexually coloured, that person can be punished¹ under the law. The abusive language or picture or video should:

• Relate to a feeling or revealing of a sexual interest or sexual desire against you or;
• Relate to any excessive interest in sexual matters or;
• Relate to content which would deprave or corrupt you, if you read or saw it online, like pornography.

The punishment for the first conviction is jail time up to three years and a fine up to five lakhs and for the second conviction, a jail term which may extend to five years and a fine up to rupees ten lakhs. 

1. Section 67, Information Technology Act, 2000.[↩]

Online threats of causing physical injury or harassment can be intimidating, and is considered a crime. For example, if someone messages you on Facebook that they will beat you up, it is considered a threat of physical injury. You can approach the relevant authorities, and file a complaint. 

In legal terms, this is called criminal intimidation, and it is punishable with jail time up to two years or a fine or both. ¹

1. Section 506, The Indian Penal Code.[↩]

Identity theft refers to the act of someone dishonestly stealing and making use of your password, electronic signature, or other unique identification feature. For example, if your classmate steals your Instagram password, it is an instance of identity theft. 

Identity theft is punishable with jail time of up to three years and a fine of up to one  lakh rupees. ¹

1. Section 66C, The Information Technology Act.[↩]

Impersonation refers to the act of assuming a fake identity with the intention to deceive a person through the use of a computer or any communication device. For example, if someone posts a picture through your Facebook profile, while pretending to be you, it is a case of impersonation. 

The punishment for impersonation is jail time of up to three years and a fine of up to one lakh rupees.¹

1. Section 66D , The Information Technology Act.[↩]

The law punishes different kinds of crimes if obscene material is shared or you face sexual harassment online:

Publishes or distributes obscene material online

If someone publishes or distributes obscene material online, it is considered a crime. For example, if someone publishes pictures of a naked woman. This is punishable¹ with jail time of up to three years and a fine of up to five lakhs on first conviction, and jail time of up to five years and a fine of up to ten lakhs upon any subsequent conviction.

Publishes or distributes materials that display sexually explicit acts

Further, if someone publishes or distributes materials that display sexually explicit acts, it is also considered a crime. For example, if someone publishes a video of two people engaging in sexual intercourse without their permission, he may be punished under the law. This is punishable² with jail time of up to five years and a fine of up to ten lakhs on first conviction, and jail time of up to seven years and a fine of up to ten lakhs upon any subsequent conviction.

Showing Pornographic Material

Showing pornographic material to a woman when she does not want to watch it is considered sexual harassment, and is a crime under the law.³ The punishment for this is jail time of up to three years or a fine or both.

1.   Section 67, The Information Technology Act, 2000.[↩]
2. Section 67A, The Information Technology Act, 2000.[↩]
3. Section 354A, The Indian Penal Code, 1860.[↩]

If someone takes, distributes or publishes your personal photographs or videos without your permission, it is considered a crime. For example, if someone takes pictures of your private parts and publishes them on their Facebook account, they have committed the offence of violation of privacy¹.  The punishment can be jail time up to three years or a fine up to two lakh rupees or both.

It is also a crime to take, view, or circulate pictures of a woman engaging in private acts. It is known as voyeurism², and is punishable with jail time of up to 3 years and a fine.

1. Section 66E, The Information Technology Act.[↩]
2. Section 354C, The Indian Penal Code.[↩]

If someone intentionally and with malice, says or writes something that insults your religion or religious beliefs, it is considered a crime under the law. For example, if someone insults your religion by calling it unpleasant names through a Facebook post.

These acts are punishable with jail time  of up to three years or a fine or both.¹

1. Section 295A, The Indian Penal Code.[↩]

If someone takes over your online account, accesses your data or the hardware/software on your computer without your permission, that person is guilty of the offence of unauthorized access¹. For example, if someone gains access to your Gmail account without your permission. 

The offender is liable to pay you damages/compensation by way of a monetary amount not exceeding one crore rupees. However, it needs to be established that the offender accessed your account dishonestly.²

1. Section 43(a), The Information Technology Act[↩]
2. Section 24 and 25, The Indian Penal Code, 1860.[↩]