Abstract-
The online revolution has brought unparalleled channels for communication, yet it has also produced unprecedented manifestations of harm in the form of cyberbullying and online abuse. Victims—typically women, children, and minorities—are incessantly exposed to abuse that pervades beyond screens and inflicts significant psychological and social repercussions. Despite the onslaught of such crimes, India’s judicial system remains decentralized, lacking inclusive legislation with explicit provisions specifically targeting digital abuse. This article critically analyzes the current legal provisions under the Information Technology Act, 2000, and the criminal laws such as Indian Penal Code and Bhartiya Nyaya Sanhita, in addition to emerging challenges like artificial intelligence-based deepfakes, digital arrests based on ambiguous legal interpretations, and the increasing necessity to redefine child sexual exploitation within the POCSO framework. Referring to the recent case of Saqib Ahmed v. State (NCT of Delhi), the research points out the changing role of the judiciary in dealing with digital harm. By means of doctrinal and comparative analysis, this paper locates major legislative and enforcement gaps and suggests long-overdue reforms, such as a specific cyberbullying act, more defined boundaries around digital offenses, and greater accountability of online intermediaries. By dealing with both new technologies and old legal tools, the research hopes to kick-start a roadmap for a victim-oriented and responsive digital justice system in India.
Keywords- Cyberbullying, Digital, Online, Children, Harassment.
Introduction
The speedy development of technology has revolutionized the manner in which people communicate and interact, opening up new avenues for personal expression, social interaction, and business. But this revolution in the digital age has also spawned new types of harm, most notably cyberbullying and digital abuse. Cyberbullying is the use of digital media to intentionally hurt, intimidate, or control another individual, usually through means like abusive messages, public humiliation, or threats online. Digital abuse is an umbrella term covering wider cyber activities like harassment, stalking, defamation, and non-consensual sharing of intimate materials. Both cyberbullying and digital abuse may lead to extreme emotional distress, mental illness, and even physical injury or suicide in extreme situations.
In India, the emergence of the internet and the mass usage of social media websites like Facebook, Instagram, WhatsApp, and Twitter have expedited the spread of digital abuse. With more than 700 million internet users, India has one of the largest online populations in the world, bringing both opportunities and serious threats. The resulting digital penetration has resulted in a staggering rise in cases of cyberbullying, with individuals, especially women and children, being harassed, threatened, and their identities stolen on a daily basis. Additionally, with the anonymity of the internet, those who commit online abuse tend to act with impunity, and hence it is hard to hold them accountable.
In spite of the rampant rise in cyberbullying and online abuse, India does not have a cohesive and specific law for dealing with these issues. The Information Technology Act, 2000 (IT Act) and the Indian Penal Code (IPC) provide some protection against cybercrimes but are deficient in addressing the complexities of online harassment, trolling, and non-consensual sharing of digital content. Though current legislations such as the POCSO Act and IPC Sections regarding defamation and stalking provide partial protection, they are still inadequate to contend with the special character of cyber abuse, particularly where newer technologies such as AI and deepfakes are concerned.
The Bhartiya Nyaya Sanhita (BNS) superseded the IPC as India’s new criminal law code in 2023. The BNS, in addition to adding various provisions that are modernized, has still not sufficiently met the particular requirements presented by digital abuse and cyberbullying. The legislation does have applicable parts dealing with online defamation and harassment but lacks a separate and all-encompassing legal framework specifically dealing with combating cyberbullying during the age of the internet. Additionally, the BNS fails to address novel threats like AI-generated deepfakes or the changing definition of child exploitation under the POCSO Act.
The lack of specific legal frameworks for addressing cyberbullying and digital abuse has left victims exposed and lacking adequate legal remedy. This research paper endeavors to analyze India’s existing legal provisions, examine the new challenges posed by emergent technologies such as deepfakes, digital arrest, and the changing definition of child pornography under the POCSO Act, and recommend thorough legal reforms in order to further safeguard individuals from online harm. By filling both the legislative loopholes and the demand for a victim-oriented legal framework, this research aims to make suggestions for a stronger and more effective legal system to fight digital abuse in India.
A number of researchers have explored the nexus between free speech and cybercrime where there has been conflict over how to ensure online security while upholding citizens’ rights to free expression. Research by Gillespie (2018) and Zohar (2020) contends that legislation used to fight cyberbullying tends to violate free speech, especially when ambiguous terms in statutes may be abused, causing criminalization of legal expression. Chander (2019) is critical of the wide use of Section 66A of the IT Act, pointing out its ability to suppress free speech while not dealing with particular types of online harassment. The Shreya Singhal v. Union of India case, which declared Section 66A unconstitutional, is frequently cited in scholarly literature as a landmark ruling in the balance between freedom of speech and prevention of digital harassment.
Additionally, scholarly work by Smith & Pearson (2021) and Sampath (2022) explains how legal frameworks across the globe are failing to keep pace with emerging digital technologies such as AI-generated deepfakes and virtual personas. The authors contend that although free speech rights are essential, they need to be balanced cautiously with safeguards against online harassment, defamation, and bullying. These publications emphasize the need for drafting narrower legal provisions that do not undermine democratic freedoms but at the same time ensure protection for vulnerable people from online abuse.