Understanding Cyberstalking: How to Take Legal Action and Get Protection in India
Cyberstalking is a growing digital crime in India that can have devastating emotional, psychological, and legal consequences for the victim. Whether it’s persistent online messaging, monitoring social media, or threats via email and apps, stalking on digital platforms is punishable under Indian law. This post explains what counts as cyberstalking, your legal rights, how to report it, and how to stay protected online.
Jump to:
What Is Cyberstalking?
Cyberstalking involves persistent and unwanted contact or surveillance through electronic means. It may include:
- Repeated emails, messages, or DMs despite being blocked
- Following your posts, stories, or check-ins online obsessively
- Threats, blackmail, or emotional manipulation
- Creating fake accounts to contact or monitor you
- Tracking your digital activity without consent
Legal Definition Under Indian Law
Cyberstalking is not just a nuisance — it is a punishable offense under both the Indian Penal Code and the Information Technology Act.
- Section 354D of the IPC: Defines stalking (including online) as monitoring a woman’s use of the internet, email, or social media against her will.
- IT Act Sections 66E & 72: Deal with violation of privacy and unauthorized access to personal information.
- Section 507 of IPC: Punishes criminal intimidation by anonymous communication.
Penalty: Up to 3 years of imprisonment for first-time offenders and 5 years for repeat offences, along with fines.
Real-Life Examples of Cyberstalking
Cyberstalking cases often involve:
- An ex-partner sending threatening or obsessive messages
- A stranger commenting on every post, tracking online activity, and threatening to leak private content
- Fake profiles created to harass or damage the victim’s reputation
- Sending lewd messages or images persistently via WhatsApp or Instagram
Both men and women can be victims, but statistically, women face higher risk. Indian courts have treated cyberstalking seriously, especially when linked to emotional trauma or sexual harassment.
Legal Steps You Can Take
If you’re being cyberstalked, follow these immediate steps:
- Block the person: On all platforms — do not engage further.
- Take screenshots: Document all messages, profiles, threats, and dates.
- Preserve digital evidence: Do not delete messages or posts — they’re vital in legal action.
- File a complaint: Either online or at your nearest cybercrime police station.
How to File a Complaint in India
1. Online via cybercrime.gov.in:
- Go to www.cybercrime.gov.in
- Click on “Report Other Cybercrime”
- Log in with your mobile number and submit your complaint
- Upload screenshots, chat records, and identity proof
2. Offline FIR:
- Visit your nearest cyber police station or local PS
- Submit a written complaint clearly mentioning the stalking behavior
- Include the accused's profile links, chat records, and your identification documents
- Mention relevant sections like IPC 354D, 507, and IT Act violations
Women can request a female officer and may be allowed to record statements in private, especially in sensitive cases.
Collecting and Preserving Evidence
Evidence is crucial in cyberstalking cases. Collect:
- Profile URLs, usernames, and timestamps
- Screenshots of all conversations and threats
- Details of attempts to contact via different accounts
- Device logs (if stalking involves spyware or remote access)
Back up everything on a separate drive or cloud folder for legal use.
Digital Protection Tips
- Keep your accounts private
- Don’t share location or check-ins publicly
- Review your followers and friend list regularly
- Use two-factor authentication on all important accounts
- Warn close friends or family if you feel threatened
- Use legal takedown tools on social media for abusive profiles
Back to Pillar: Cyber Law for the Everyday Indian
