The court commented that deterrence was one of the prime considerations for convicting the accused and an inadequate sentence would do more harm than justice, as it would undermine public confidence in the seriousness of the issue. At present, if a man is a victim of cyber stalking, Section D will not apply.
For example, let's assume that Mr. ABC, the manager of a reputed venture capital fund, is being stalked online by XYZ, who may be a male or a female. XYZ had initially sent a polite email to ABC's work email address, seeking an appointment, so that he could make a pitch for an investment by ABC's venture capital fund into his struggling start-up. ABC replied to politely decline the meeting and the investment opportunity, which he felt wasn't worth pursuing.
Subsequently, XYZ's emails started to get angrier and nastier. XYZ has now started posting some derogatory remarks regarding ABC on various online venture capital forums.
The posting of derogatory remarks regarding ABC on various online venture capital forums would tantamount to defamation, as defined under Section of the IPC. Section of the IPC provides that whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both. However, the concerted efforts of Indian courts, the legislature, the Law Commission of India, non-governmental organisations and women's activists have led to a radical change in the treatment of sexual harassment of women.
Online sexual harassment includes, inter alia , using an electronic medium to make calls repeatedly, send vulgar SMSes, emails or make vulgar conversation or pressure a woman to engage in friendship or to establish sexual relations.
However, Section A of the IPC requires physical contact or physical advances and hence harassment through an electronic medium will fall outside of the purview of Section A of the IPC. Cyber stalking could amount to online sexual harassment if it has sexual overtones. However, a stalker is usually an anonymous person unlike a sexual harasser who is unlikely to hide his or her identity.
Creation of a Facebook profile in someone else's name is relatively easy and such a profile makes it possible to show the victim in a false light. There have been instances where vulgar or obscene photos of a victim have been linked to such fake Facebook profile, causing the victim extreme mental anguish. When the creation of a fake Facebook profile is accompanied by the uploading of vulgar or obscene photos of the victim on to such profile, Section A Sexual harassment and punishment for sexual harassment , Section D Stalking , Section read with Section Defamation and Punishment for defamation , Section Criminal intimidation by an anonymous communication and Section Word, gesture or act intended to insult the modesty of a woman of IPC may apply.
In the case of Sazzadur Rahman v. The State of Assam and Ors. In the fake profile, the accused mentioned the victim's name, uploaded obscene pictures, and posted some derogatory remarks against her, which caused her to be mentally unstable and hampered her academic growth. The trial court rejected the application made by the accused under Section of CrPC. The Gauhati High Court, while dismissing the application, held that discretion of the trial Court, which, ex facie, has been exercised judiciously on the basis of relevant materials, cannot be interfered with either in revisional jurisdiction or under Section CrPC.
In the case of Shubham Bansal v. The State Govt of NCT Delhi 7 , the accused created a false Facebook account in the name of Nidhi Taneja and included the telephone number of the victim, which caused her annoyance, insult, and harassment and, therefore an FIR was registered against the accused. The victim further moved another application under Section 8 of CrPC requesting further investigation by the investigating officer on account of which the matter was remanded to the Metropolitan Magistrate for consideration.
The Delhi High court while refusing to entertain the application of the accused, ordered that the investigating officer refrain from submitting his final report till the Magistrate issued directions on the pending application filed by the victim. In the case of Jitender Singh Grewal v. The State of West Bengal 8 , the accused created a fake Facebook account of the victim and uploaded her obscene pictures to such fake Facebook account.
The trial court rejected the bail application of the accused and the Calcutta High court upheld the trial court's decision. In the case of Prakhar Sharma v. The State of Madhya Pradesh 9 , the accused created a fake Facebook account of the victim, posted some vulgar messages along with the photos of the victim downloaded from her original Facebook account. The accused was charged under Sections 66 c , 67 and 67 a of the IT Act.
New Mexico. New York. North Carolina. North Dakota. Anyone can report harassing conduct to a school. When a school receives a complaint they must take certain steps to investigate and resolve the situation. DOJ's Community Relations Service is a "peacemaker" for community conflicts and tensions arising from differences of race, color, and national origin and to prevent and respond to violent hate crimes committed on the basis of: gender, gender identity, sexual orientation, religion, disability, race, color, and national origin.
It is a free, impartial, confidential, and voluntary Federal Agency that offers mediation, conciliation, technical assistance, and training. Skip to main content Official websites use. Print Share. Federal Laws. When the situation is not adequately resolved, consider: Filing a formal grievance with the school district.
Contacting the U. Department of Justice's Civil Rights Division for help. Are there federal laws that apply to bullying? It is: Unwelcome and objectively offensive, such as derogatory language, intimidation, threats, physical contact, or physical violence; Creates a hostile environment at school. Our mission is to give parents and guardians the tools they need to raise kids in the digital age.
Traditional Bullying vs. Cyberbullying September 16, About Bark Bark is a comprehensive online safety solution that empowers families to monitor content, manage screen time, and filter websites to help protect their kids online. Start a free trial. Share via. Copy Link. Powered by Social Snap.
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