Cyber Crime

Government Awareness

Good To Know : How To File A Complaint Against Cyber Bullying ?

Pavan Manikanta Kumar

August 23rd, 2016

SHARES

Bullying is when someone is being hurt either by words or actions, feels bad because of it, and has a hard time stopping what is happening to them.Bullies have been around forever, but technology now gives them a whole new platform for their actions.


Cyberbullying is the use of technology like the internet,email, cell phones, social media or pictures to harass, threaten, embarrass, or target a person. Usually, it occurs among young people.But when an adult is involved, it may mean cyber harassment or cyber stalking, a crime that can have legal consequences and also include imprisonment.


Includes:

  • Sending inappropriate text messages.
  • Posting statements online that are vulgar or unacceptable.
  • Sending or posting pictures that are not permitted by you.
  • Making negative comments.
  • Blackmailing with certain demands.
  • Stalking and use of intimidation.
  • Threats of violence or death.
  • Sexually explicit photos or descriptions, which is considered pornography.
  • Secretly-recorded photos or videos that were taken without the subject’s knowledge.
  • Hate-related communications or actions.

Cyberbullying or bullying of any type is against the law. It can have horrible outcomes that will hurt others and sometimes it can lead to crimes, revenge, murders or even cause deaths to innocents that had nothing to do with it in the first place.

We don’t have a right to cause any pain to any person for whatever reason. And we have all the rights to complain against those who are harming us in that way.  In 2013, Indian Parliament made amendments to the Indian Penal Code and introduced cyberstalking as a criminal offence.

Stalking has been defined as a man who follows or contacts a woman, despite the clear indication of disinterest to such contact by the woman, or monitoring of the use of the Internet or electronic communication of a woman. A man committing the offence of stalking would be liable for imprisonment up to three years for the first offence, and shall also be punishable by fine and for any subsequent conviction would be liable for imprisonment up to five years and with fine.

PART 1

How To Handle Cyber Bullying Or Cyber Harassing Or Cyber Stalking?

1Attempt to identify the cause.

  • Some bullies start out as a friend, an ex, or someone else you know well. If it seems possible to have a reasonable discussion with the person, consider asking him or her to stop. Have the conversation in person, not through email or text.
  • Keep in mind there may not always be a reason for cyber bullying or one that is straightforward. Sometimes people lash out on others because of their insecurities. In any case, it is not your fault.
  • If you don’t know who the bully is, or if a group of people is intimidating you, attempting to talk it out probably won’t work. You may need to take a stronger action.

2Block the bully

  • Whether you’re on Facebook chat, Google chat, or another form of instant messaging, just make it so that the person is blocked from your account, so you cannot receive any messages from that person. Once you block the bully from talking to you, he or she is likely to give up on trying to reach out to you.Blocking sends a louder message than engaging with the bully. The bully will see that you’re serious about wanting to be left alone.

3Save the evidence.

  • If the bully sends you hurtful chats, posts, or emails, don’t delete the evidence. Having a written record of the bully’s behaviour will give you the proof you need to get the bully in trouble. Save it somewhere, print it out, and make sure the evidence is on hand when you need it.

4Report the person to service providers.

  • If a person is offensive, vulgar, or just plain annoying to you online, then you can contact the service providers to get that person banned from the service. If you contact Facebook and report bullying, then the person will face the embarrassment of being booted from his or her Facebook account and will have to explain why. Reporting the person can show that you mean business and is likely to make him or her back off.

5Do not wait too long to ask for help.

  • You might be tempted to let the bullying run its course instead of bringing attention to the problem, but if you do that the bully will get the message that there’s no penalty for putting someone else in danger. Don’t assume the problem will go away on its own; speak up immediately to put a stop to it.
  • If you’re a child or teenager, ask an adult for help. Your parents, teachers, principal and school counsellor are all in a position to put a stop to the situation before it goes any further.

6Get law enforcement involved.

  • In some cases cyberbullying may be classified as a crime, which places it beyond the jurisdiction of schools and service providers. If the cyber bullying involves one of the following elements, call the local police.
PART 2

What Does Indian Laws Say About Cyber Bullying ?

According to Information Technology Act Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any police officer, not below the rank of a Deputy Superintendent of Police, or any other officer of the Central Government or a State Government authorised by the Central Government in this behalf may enter any public place and search and arrest without warrant any person found therein who is reasonably suspected or having committed or of committing or of being about to commit any offence under this Act

Explanation: Unlike normal crimes, cyber crime/bullying/harassment doesn’t have any jurisdiction. A cyber crime can be reported to Cyber Crime Units of any city, irrespective of the place where the crime is committed.

Contact details of various cities cyber cells can be found here

  • If the cyber cell is not available in your place, one can file an F.I.R. in the local police station. You can also reach out to to the commissioner or judicial magistrate of the city if you find any difficulty in filing an F.I.R.
  • Irrespective of the jurisdiction any police station is bound to file an F.I.R.
Sl.No

Offences

Section Under IT Act
1. Publishing or transmitting obscene material in electronic form Sec .67

 

2. Publishing or transmitting of material containing sexually explicit act, etc. in electronic form Sec. 67A
3. Word, gesture or act intended to insult the modesty of a woman Sec. 509 IPC
4. Sending defamatory messages by e-mail Sec. 499 IPC
5. Printing etc. of grossly indecent or scurrilous matter or matter intended for  blackmail Sec. 292A IPC
6. Commits the offence of stalking Sec. 354 D
7. Making sexually colored remarks, guilty of the offence of sexual harassment. Sec 354 A
8. Punishment for violation of privacy Sec. 66E
9. Criminal intimidation by an anonymous communication. Sec. 507
This is not a comprehensive list.

 

Hence, you should also be careful about whom you accept as a friend on online networks. If you accept absolutely everyone who wants to be your friend without knowing very much about that person, then it’s more likely that this person will end up making some unpleasant remarks.


Disclaimer: * This information is subject to periodic government policy/process change. Kindly contact the concerned department to cross check for recent updates, if any.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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