By:- Roshan Jha CS – B (G1) 10ESKCS096

Under the Indian law, cyber-stalking is covered by section 66A of the Information Technology Act. This section is titled "Punishment for sending offensive messages through communication service etc."  This section provides for imprisonment upto 3 years and fine. Section 66A penalises the following being sent through email, sms etc. (1) information that is grossly offensive or has menacing Character or  (2) false information sent for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will.

Cyberstalking Legislation

In one of the cyber stalking cases solved by the Indian police, a 30 year old woman received threatening emails demanding her to send pictures of her nude or send him 1 lakh. Like most people she decided to ignore the mails at first.

The emails kept getting more personal with time. And she even received her own pictures when she decided to complain to the Delhi police. Upon investigation, it was found that her account was hacked and her pictures were easily accessed from her mail folder by the stalker.

Such a cyber stalker can be accused for outraging the modesty of a woman under Section 509 of the Indian Penal Code and the Information Technology Act 2000.

Some Cyberstalking Cases

In 2005, a minor from Massachusetts (USA) was convicted in connection with approximately $1 million in victim damages.

Over a 15-month period, he had hacked into Internet and telephone service providers, stolen an individual's personal information and posted it on the Internet, and made bomb threats to many high schools.

In another case in Wahington (USA), a 12 year old student was bullied by her female classmates. The classmates spent an entire afternoon stalking the victim and posted obscene pictures on her wall.

This was a case of both cyber bullying and cyber stalking for which the accused were sentenced to imprisonment immediately.

Some Cyberstalking Cases