Cyberbullying: A Virtual Transgression with Genuine Consequence

Cyberbullying is the persecution or tyranny through digital gadgets like laptops, tablets and computers. There are numerous platforms which can be used for cyber bullying which includes gaming platforms, social media and various chatting applications. Cyberbullying is a very treacherous piece of the virtual world which has to be monitored and controlled. It consists of uploading, transmitting or distributing negative, vulgar or inaccurate erudition regarding another person for causing disgrace and personality assassination. Most of the time the children are being targeted, hence it causes psychological anxiety and trauma which sometimes leads to the suicide of the particular child. Cyber-bullying is a contemporary phenomenon and there is very inadequate literature regarding the Indian stand on cyberbullying.

Types of cyber bullying

Masquerading

 

When a bully creates a fake social media accounts with a motive of cyberbullying someone, it is known as masqueradingi.

 

Trolling

 

Trolling is when a tormentor will seek out to deliberately upset others by uploading provocative remarks online. Trolling is always done with wicked and mischievous intent.

 

Dissing

 

Dissing relates to the action of a tormentor publishing outrageous erudition about their target through public posts or private messages to either demolish their honour or relations with other people.

 

Framing

 

When a bully uses some other child’s social media account to post something very unsuitable content from their name than it is called Framing.

 

Cyberstalking

 

Cyberstalking is an especially severe kind of cyberbullying that can stretch to intimidations of bodily harm to the child being targeted. It can include monitoring, malicious allegations, fulminations, and is often followed by offline stalking.

 

Trickery

 

Trickery is extremely similar to the outing, with a combined component of deception. basically, the person tries to create a sense of security in the mind of the victim to win their trust, soon after that, they exploit that trust and distribute the victim’s confidences and secret erudition to a third party or various third partiesii.

 

Outing/Doxing

 

Outing, also recognised as doxing, leads to the action of notoriously leaking delicate or private erudition concerning someone without their permission for purposes of humiliating them.

 

A considerable number of people in India are afflicted by cyberbullying, Hence India ranks third in world cyberbullying listiii.

Recommended explications for cyber bullying

In this digital time, children are developing up with technology at their fingertips. Thus, various types of cyberbullying have become a household experience. Adolescents and youngsters are more exposed to cyberbullying as they have restricted knowledge of the good and the bad. As a guardian, it is your accountability to be informed of your child’s online actions in order to counter cyberbullyingiv.

 

Establishing rules would be a great step in order to counter cyberbullying. The parents should regularly monitor the child as to how much time he/she is spending on the virtual world through gadgetsv.

 

Installation of filtering software on gadgets can help guard your child against seeing unsuitable content online. This incorporates sexually explicit and spoken obscene text and images.

 

Interaction is significant in defending your child from possible cyberbullying occurrences. Speaking to the child on a regular basis will set an extensive line of interaction.

Indian laws and Case laws pertaining to cyber bullying

Indian Penal Code Provisions related to Cyber Bullying

 

Sec 304– provisions of culpable homicide will be applicable in case of death of the victim.
Sec 306– Abetment of suicide.
Sec 307– Attempt to murder.
Sec 323 to 326, causing hurt and grievous hurt and their respective punishments.
Sec 506– Punishment for criminal intimidation

 

Information Technology Act Provisions related to Cyber Bullying

 

Sec 66C of IT Act that deals with Identity Theft
Sec 66D of IT Act that deals with Cheating by impersonation by using the computer resource
Sec 66E of IT Act that deals with Violation of privacy
Sec 67B of IT Act that deals with Punishment for publishing or transmitting of material depicting children in any sexually explicit act, etc. in electronic form
Sec 72 of the IT Act that deals with Breach of confidentiality and privacyvi

 

In the case of Jitender Singh Grewal v. The State of West Bengalvii, the accused formed a false Facebook account of the victim and posted her filthy images to such a false Facebook account. He was charged under 354A/354D/500/509/507 of IPC and Section 67A of the IT Act, soon he applied for the bail but the request for the bail was rejected by the trial court and the same was upheld by the Calcutta High court.

 

In the case of Prakhar Sharma v. The State of Madhya Pradeshviii, the accused created a fraudulent Facebook account of the victim, uploaded some obscene notes along with the pictures of the victim downloaded from her real Facebook account. The accused was charged under Sections 66 (c), 67 and 67(a) of the IT Act. When the accused appealed for bail, it was dismissed by the Madhya Pradesh High Court.

Conclusion

Bullying is a very old pessimistic act which is very common among school children. However, after the introduction of virtual world bullying can be easily done virtually as well. The governments are engaged extensively in order to counter this malicious crime. The most disturbing part of cyberbullying is that the parties who are involved in this crime are teenagers and youngsters. All social media platforms are being used by the bullies such as twitter, Instagram, WhatsApp, Facebook, emails and many more. Various nations are initiating up high standards and framing new advanced policies to counter this crime. India, with one of the world’s biggest community, requires to provide accurate provisions for the citizens and assure their protection by passing a separate law for Cyberbullying.

 

Author: Mr. Avinash Pandey

    

References

i https://www.parentcircle.com/article/cyberbullying-laws-and-policies-in-india/

iihttps://studydaddy.com/attachment/45760/kpdj2h4y33.pdf#page=83

iii https://www.endcyberbullying.org/india-ranks-third-on-global-cyber-bullying-list/

iv https://scroll.in/article/956085/in-one-year-alone-cyberbullying-of-indian-women-and-teenagers-rose-by-36

vhttps://www.legaleraonline.com/articles/cyber-bullying-and-the-related-laws-in-india

vi https://cybersecureindia.in/cyberbullying-in-india-present-provisions-under-the-law-and-the-need-for-a-fresh-look-to-make-cyberbullying-more-deterrent-under-the-law/

vii Jitender Singh Grewal v. The State of West Bengal, Criminal Miscellaneous Petition No. 7252 of 2018.

viiiPrakhar Sharma v. The State of Madhya Pradesh, MCRC No. 377 of 2018.