Unmasking Cyberstalking: A Legal and Psychological Analysis in the Indian Context

Posted On - 8 October, 2025 • By - Aurelia Menezes

“Never be bullied into silence. Never allow yourself to be made a victim. Accept no one’s definition of your life, define yourself.”                              – Harvey Fierstein

Introduction

The 21st century has ushered in an era defined by digital connectivity, a time where the boundaries between the real and virtual worlds are increasingly blurred. Social networking platforms, once designed to facilitate connection and communication, have also become fertile grounds for misuse and exploitation. Among the most insidious manifestations of this misuse is cyberstalking, a technologically enabled form of harassment that thrives on anonymity, accessibility, and amplification.

Human beings, as inherently social creatures, seek interaction and belonging. However, the same traits that foster social connection also render individuals vulnerable to psychological manipulation and online victimization. As India undergoes a rapid digital transformation, it simultaneously faces a surge in cyber-enabled crimes. Within this evolving landscape, understanding the legal and psychological dimensions of cyberstalking is imperative to shaping both policy and protection frameworks.

The Psychological and Social Impact on Victims

The World Health Organization defines mental health as a state of well-being that enables individuals to cope with life’s stresses, realize their abilities, and contribute productively to society. According to WHO data from 2019, over 970 million people worldwide were living with mental disorders where anxiety and depression were the most prevalent.

Cyberstalking deeply undermines this well-being. Unlike physical stalking, it transcends time and space, invading the victim’s personal, professional, and emotional spheres continuously. Victims often experience anxiety, hypervigilance, sleep disturbances, and in severe cases, post-traumatic stress. The erosion of digital privacy leads to feelings of helplessness and loss of control, compounding the psychological toll.

Furthermore, the social repercussions are profound. Victims frequently withdraw from online spaces which today serve as vital arenas for education, employment, and social interaction  thereby experiencing digital isolation. This isolation, coupled with inadequate legal recourse or delayed justice, aggravates their trauma.

Reporting Mechanisms in India

India has made significant strides in strengthening its cybercrime reporting infrastructure. The National Cyber Crime Reporting Portal (https://cybercrime.gov.in/) serves as the central platform for victims to report cyber offences, including cyberstalking. The offences are primarily addressed under the Information Technology Act, 2000 (IT Act) and the Bharatiya Nyaya Sanhita (BNS), 2023 – India’s new criminal code framework.

Under Section 78 of the BNS, 2023, stalking includes the act of following a woman, attempting repeated contact despite clear disinterest, or monitoring her electronic communications, such as emails or social media activity. The provision recognizes the evolving nature of stalking in the digital era and seeks to encompass online conduct within its ambit.

Section 509, Indian Penal Code (IPC): Insulting the Modesty of a Woman

Section 509 penalizes any act intended to insult the modesty of a woman, including gestures, words, or digital communications that invade her privacy. However, the provision suffers from notable limitations:

  • Gender bias: The section protects only women, ignoring the growing number of male and non-binary victims of cyberstalking.
  • Medium limitation: The requirement of words being spoken, gestures being seen, or sounds being heard makes it ill-suited for online offences, where harassment often occurs via text or visual content.
  • Intention proof: Establishing intent to insult “modesty” in digital communication remains legally ambiguous and evidentially challenging.

Sections 67, 67A, and 67B of the Information Technology Act, 2000

These provisions address obscene or sexually explicit material published in electronic form:

  • Section 67 criminalizes the publication or transmission of obscene material online.
  • Section 67A, inserted via the 2008 amendment, specifically targets sexually explicit content, recognizing its potential use in cyberstalking, blackmail, and harassment.
  • Section 67B focuses on child protection, penalizing the creation or distribution of material involving minors in sexual contexts.

Collectively, these sections form the backbone of India’s legal framework against online sexual harassment, though enforcement remains inconsistent due to challenges in tracing perpetrators, cross-border jurisdictional issues, and limited cyber forensic capacity.

Section 66E, IT Act & Section 354C, IPC: Voyeurism

Section 66E of the IT Act and Section 354C of the IPC address voyeurism, the act of capturing, publishing, or transmitting images of a private area without consent. These provisions are crucial in the context of “non-consensual intimate imagery,” a prevalent form of cyberstalking. They acknowledge privacy as a legal right and criminalize the violation of personal dignity through digital means.

Conclusion

Cyberstalking, at its core, represents a convergence of technological misuse and psychological manipulation. The Indian legal system, while progressively adapting, still faces the challenge of reconciling traditional notions of crime and modesty with the realities of digital victimization.

A more robust framework must include:

  • Gender-neutral legislation,
  • Specialized cybercrime training for law enforcement,
  • Expedited digital evidence handling, and
  • Victim-centered psychological support systems.

As India strides deeper into the digital future, safeguarding the mental, emotional, and informational security of its citizens must remain paramount. The law must not only punish perpetrators but also protect dignity, autonomy, and mental health in an increasingly connected world.