ABSTRACT
The speedy development of information and communication technology has redefined how people communicate, interact and how they carry out day-to-day activities. Yet, the technology has prompted the emergence of cybercrimes, some of which have increasingly become the most widespread and threatening crimes, including cyber stalking. Cyber stalking is the systematic repetition of electronic communication technologies “such as social media, emails, and IM applications, to harass, intimidate, track or threaten a person. The crime is highly deterministic of privacy, dignity, reputation, and psychological health with women and young internet users as being the most susceptible ones. This has made cyber stalking more difficult to detect and prosecute due to its growing complexity by using artificial intelligence, counterfeit social media accounts, spyware, GPS tracking, and deep fake technology.
This research paper critically looks at the capability of the Indian legal system to deal with cyber stalking with specific focus on the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Information Technology Act, 2000 (IT Act). It examines the definition, development, typologies and patterns of cyber stalking and the sufficiency of the current statutory frameworks in the fight against this fast-growing cybercrime. The paper also looks at major legal statements which have enhanced the privacy and digital rights protection, as well as pinpoint practical hurdles like technological progress, jurisdiction, poor cyber forensic framework, challenge of gathering electronic proofs and lack of reporting of crimes.
A doctrinal approach is applied in the research based on the evaluation of the statutes, judicial rulings, books, journal articles, and government reports among other secondary sources. It ends by concluding that despite the fact that both the BNS, 2023 and the Information Technology Act, 2000 give a substantial legal basis into dealing with cyber stalking the current framework is incomplete and inadequate to be able to effectively respond to new technological threats. Some of the solutions advocated in the paper are thorough legislative reforms, acknowledgement of cyber stalking as a characterised crime, intensification of cyber forensic skills, committed training of law enforcement agencies, improved confrontations of victims, education of the masses, and enhancement of cross-national collaboration. Such policies are necessary to incorporate an effective legal framework that can protect privacy, dignity, and personal liberty as well as create a safer online space in India.
Keywords: Cyber Stalking; Bharatiya Nyaya Sanhita, 2023; Information Technology Act, 2000; Cybercrime; Online Harassment; Digital Privacy; Electronic Evidence; Digital Forensics; Victim Protection; Cyber Law.
INTRODUCTIONModern society has witnessed a revolution due to the fast development of information and communication technology that has allowed the free flow of information, e-business, e-learning, and social networking. Nonetheless, such technological advances have resulted in the development of advanced types of cyber crimes with one of the most frightening being cyber stalking. Cyber stalking is defined as the use of digital devices, namely social networks, emails, instant messaging programs, and other internet-based communications to harass, spy on, threaten, or intimidate another person. Cyber stalking offers criminals the chance to work anonymously, victims living geographically away, and cause lasting psychological, emotional and reputational damage, unlike the old-fashioned stalking that depends on matters that are not computerized (Kroll et al., 2017).[1]
In India, cyber stalking has increased astronomically with the rising use of internet and smartphones, and especially in the case of women, children, and other vulnerable individuals. With the implementation of the Bharatiya Nyaya Sanhita, 2023 to replace the previous Indian Penal Code, 1860, and the Information Technology Act, 2000 the government is showing its desire to better enforce the law against cyber offence. However, various obstacles that interfere with proper enforcement include: the rise of technology, complexities of jurisdiction, lack of cyber forensic infrastructure and under-reporting.[2]
It is on this context that this paper critically reviews the legal framework that regulates cyber stalking in India by evaluating the efficiency of the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act, 2000. It also reports on the current legal and practical obstacles and suggests new or amendments to enhance the safety of people in the transforming digital space.[3]
[1] Aparna Viswanathan, Cyber Law: Indian and International Perspectives on Key Topics Including Data Security, E-Commerce, Cloud Computing and Cyber Crimes (2nd ed., LexisNexis 2019).
[2] The Bharatiya Nyaya Sanhita, No. 45 of 2023; The Information Technology Act, No. 21 of 2000.
[3] Farooq Ahmad, Cyber Law in India: Law on Internet (3rd ed., Pioneer Books 2021).