ABSTRACT
With the growing reliance on digital platforms in India, incidents of cyberbullying have increased sharply, particularly among young users. It’s an online abuse, especially among the youth, with severe mental, emotional, and social consequences. Despite the rising number of cases, cyberbullying remains a hidden crime and underreported crime. The absence of a specific law to address cyberbullying contributes to a lack of protection for victims and low accountability of bullies. This study explores the common methods of cyberbullying in India, supported by real-life cases, and examines the existing legal provisions under the Information Technology Act 2000, Bhartiya Nyaya Sanhita 2023, and the POCSO Act 2012. It highlights the urgent need for specific laws and structured support systems to address the issue effectively.
KEYWORDS
Cyberbullying, Cybercrime, Trolling, online harassment, legal gaps, Bhartiya Nyaya Sanhita 2023, cyberbullying reforms, India, online abuse, social media.
INTRODUCTION
India ranks among the top nations in terms of internet usage. Still, this rapid digital expansion has also made it highly vulnerable to online abuse, particularly cyberbullying, yet this pervasive issue remains a hidden crime. Cyberbullying refers to the use of electronic means such as smartphones, computers, or tablets to harass, intimidate, or humiliate others repeatedly. It commonly occurs on platforms such as social media, messaging services, and gaming networks, where individuals may become targets of verbal attacks, threats, or digital harassment. The popular social media apps used to cyberbully the victim are Facebook, Instagram, Snapchat, Twitter, and WhatsApp. It can also occur via SMS email chatrooms, and gaming platforms.
A large majority of Indians approximately 96% access the internet through mobile phones, positioning the country as one of the world’s leading mobile-first digital communities. Recent reports also indicate that the average Indian user spends nearly 6 hours 49 minutes daily. This swift adaptation of digital technology is driven by the factors such as increased social media, remote work, and e-learning. This gave significant rise to cyberbullying making Indian women statistically twice as likely as men to be the targets of cyberbullying.
According to the India Internet Report 2019, nearly two–thirds of Indian users are aged between 12 and 29, placing adolescents and young adults at the centre of online activity. This age group is often emotionally vulnerable and socially active online and is particularly at risk of becoming targets of cyberbullying and online harassment. Reports show that from 2017-2018, cyberbullying incidents targeting women and teenagers in India surged by 36%, underscoring the urgency of addressing digital safety for young users
The consequences of cyberbullying are often underestimated but can be more severe than they appear. Victims of cyberbullying experience significant mental health issues, such as depression and anxiety. They may develop more maladaptive behaviours, including an inability to cope with certain environments and social anxiety, which can lead to extreme actions like self-harm or suicide.
This is a serious issue that needs to be looked after by educating people and promoting a safe online space. The Ministry of Home Affairs has taken some preventive measures aimed at promoting a safe and secure online environment there are still numerous steps that can be done to protect citizens from cyberbullying.
Despite its growing impact, Cyberbullying is yet to be recognized as a distinct offence under Indian law This paper seeks to examine the loopholes of the existing legal framework identify gaps and propose a more robust approach to effectively counter this growing cyberbullying within the Indian legal and social context.
RESEARCH METHODOLOGY
This paper uses qualitative and quantitative legal analysis to explore the adequacy and effectiveness of existing laws in addressing cyberbullying. It aims to identify gaps and inconsistencies in the legal system and highlight the need for clearer legislative measures. The chosen approach is doctrinal and analytical research. The research is based on secondary data collected from reliable sources such as academic journals, government reports, media articles, official statistics, and previous case laws related to cyberbullying in India. Relevant provisions from the IT Act 2000, BNS 2023, POCSO Act 2012, and other applicable laws have also been examined to assess the existing legal framework. This methodology focuses on exploring the legal gaps and suggesting improvements.
REVIEW OF LITERATURE
An extensive review of existing literature on cyberbullying, both in the Indian context and globally, Specifically targeting women, children, and young adults was conducted. This included academic journals, government reports, and case laws to identify research gaps and inform the study’s framework.
In the Indian context, Kavita Thapa and Dr. Renu Jalal in their 2023 paper emphasized that cyberbullying is increasing among Indian youth. It became frequent and also more normalized due to digital anonymity and peer pressure.
The National Crime Records Bureau’s recent report also shows a significant rise in cybercrime involving minors.
While these studies provide valuable insights, still there is an absence of special law to address cyberbullying. It also lacks important things such as victim’s redressal mechanisms, and gaps in procedural law.
This paper aims to address the existing gaps by examining legal analysis, real-life cases and practical reforms suited to the Indian legal landscape.
CYBERBULLYING: GLOBAL STATISTICS
Recent global research by the World Health Organisation highlights that approximately one in six students have experienced some form of cyberbullying. Interestingly report also reveals that around 6% of adolescents admit to engaging in bullying at school, while nearly 12% have confessed to cyberbullying online. And nearly 15% of youth globally reported being targeted by online abuse, marking a noticeable increase since 2018.
In addition to the WHO study, a global poll conducted by UNICEF found that one in three young people across 30 countries report being victims of cyberbullying. The poll was conducted via SMS and instant messaging and also asked who should bear responsibility for addressing the issue. Interestingly, the responses were divided: 32% pointed to governments.
31% believed young people themselves should act and 29% said social media platforms and internet companies must be responsible for creating safer digital environments.
CYBERBULLING: A GROWING CONCERN
cyberbullying refers to the activity of using the internet to harm, frighten or emotionally distress another person, especially by sending them offensive or threatening messages. In simpler words cyberbullying is intentionally and wrongfully targeting a person through common social media Apps such as Facebook, WhatsApp, Twitter, and Snapchat. It can also occur through E-mails, SMS chatrooms, and gaming platforms to threaten, embarrass, harass, or harm individuals.
Despite the increasingly widespread of this behaviour, many people still underestimate the seriousness of cyberbullying. In reality, digital abuse can be much more devastating than physical abuse especially when caused to adolescents and young adults.
THE CAUSES OF CYBERBULLYING
The common causes of cyberbullying on the internet follows:
- The lack of empathy among individuals causes cyberbullying as one can’t understand and share the feelings of others which leads to engaging in hurtful online behaviours.
- Anonymity could be the reason for cyberbullying. Bullies have no fear as they hide behind fake profiles and think they won’t be caught
- Desire for power and control often becomes cyberbullying as one can exert power over the victims. By targeting others, bullies attempt to boost their self-esteem, albeit temporarily.
- In some cases, cyberbullying is motivated by a desire for revenge. This cycle of retaliation can escalate quickly, leading to ongoing harassment.
- Some do it under peer pressure to fit in the circle by harassing others.
- individuals often cyberbully only for entertainment purposes.
- individuals bully online in an attempt to gain popularity.
- minors who are involved in cyberbullying are not monitored by a parent or guardian while online.
IMPACT OF CYBERBULLYING ON VICTIMS
Victims of cyberbullying often suffer from a wide range of psychological and emotional effects that may not always be visible but are deeply affecting an individual. Emotional responses such as anger, fear, sadness, anxiety and even little panic attacks are common among the affected individuals.
A drop in social behaviour like avoiding friends or social events.
Isolating him or herself in their room more than usual.
Online bullying can have an impact on self-esteem. Targets of bullying may begin to feel intense dissatisfaction with who they are.
Sometimes victims of cyberbullying respond to their intense feelings by self-harm.
A higher number of physical health issues such as headaches and stomach aches.
TRENDS AND PATTERNS OF CYBERBULLYING IN INDIA
India’s rapid digital expansion has brought millions online and also exposed individuals to new risks. This rapid rise in internet usage among youth has significantly heightened the risk of cyberbullying.
According to the Microsoft digital civility index, India ranked fourth among 25 surveyed nations for the prevalence of online harassment with nearly 37 % of children reporting that they had been cyberbullied and the same study reveals that Indian children were almost twice as likely to cyberbully others compared to the global average. Notably, 46% admitted to targeting strangers online and 48% reported targeting people they know.
A recent 2024 report by the India Child Protection Commission found that 40% of urban children had experienced cyberbullying.
In 2023, the National Crime Records Bureau (NCRB) reported a 14% increase in cases involving minors.
Despite these alarming numbers, many cyberbullying cases go underreported, and victims do not report them due to a fear of backlash, a lack of awareness about digital rights, and limited access to psychological support. This underreporting allows bullies to continue without fear of consequences, leaving victims without the chance for recovery.
COMMON METHODS OF CYBERBULLYING
Cyberstalking: It involves close online monitoring and threatening messages repeatedly in a way that causes fear or anxiety in victims. An example of Kerala, occurred in college where a student was stalked via fake Instagram accounts for a few months eventually threatening the victim to leak morphed images pushing the victim into depression.
Flaming: This includes posting aggressive or abusive comments in public threads. This type of cyberbullying leads the victim to isolate and take extreme steps such as self-harm. For instance, during Covid 19 a young YouTuber faced a wave of hate comments for expressing political opinions.
Trolling: it is a method that involves provoking someone online with offensive remarks. Trolls usually act anonymously and may target strangers or public figures. It is often done to mock, shame, or incite anger in others.
Harassment: Online harassment includes repeated and targeted attacks intended to embarrass or intimidate someone. This involves sending hate messages, defamation, or threats via private or public platforms.
Doxxing: also called outing which involves the intentional release of someone’s private information without consent. The well-known case Bois locker room incident in Delhi involved leaked screenshots of private chats and photos without permission.
Morphing: This is one of the most damaging forms of cyberbullying where a person’s image is digitally altered often in sexually explicit or degrading ways. These images may be used to blackmail or publicly post leading the victim to intense emotional distress.
AN EXISTING LEGAL FRAMEWORK TO ADDRESS CYBERBULLYING
Cyberbullying with its increasing number is known to many people now but, India doesn’t have a distinct law that directly addresses cyberbullying. Instead, it relies on general provisions under the Information Technology Act, of 2000 and Bhartiya Nyaya Sanhita,2023, which came into effect from July 1, 2024. This research refers to the relevant provisions under the BNS and IT Act.
The Information Technology Act, 2000 (IT Act)
The Information Technology Act 2000 Serves as India’s primary legislation for regulating digital activity and electronic communication. Initially, it was designed to handle issues like electronic commerce and cyber fraud over time several of its provisions have been applied in cases involving online harassment, abuse and violation of privacy.
Currently, Section 66E penalizes the violation of privacy through the capturing or sharing of images without consent, while Section 67 deals with the publication or transmission of obscene material in electronic form. However, the act does not contain the word cyberbullying nor does it define it clearly.
LANDMARK CASE
Shreya Singhal and others v. Union of India: Although this landmark decision was not particularly about cyberbullying. Section 66A of the IT was previously used to prosecute cases of offensive online messages but it was struck down as unconstitutional. Highlighting the need for better-focused laws.
Bhartiya Nyaya Sanhita (BNS), 2023
The Bhartiya Nyaya Sanhita 2023, a newly enacted code which replaced the Indian penal code. While BNS brings several reforms it does not clearly define cyberbullying. However, there are provisions such as Section 73, section 74, section 78 are often used in cyberbullying complaints. While these sections offer some relief they are not designed specifically for online environments
The Protection of Children from Sexual Offences (POCSO) Act, 2012
Protects children from online sexual abuse, harassment, and exploitation. Sections dealing with sexual harassment and child pornography are relevant to cyberbullying cases of minors.
Despite existing legal provisions to deal with different forms of online abuse, the real-world application of these laws remains inconsistent and often ineffective. The problem lies with the underreporting of cyberbullying cases. Victims often choose to stay quiet due to fear of judgment, unaware of their rights, and lack of specific laws. This lack of consequence and anonymity gives the power to bullies to act without control.
In a recent case of 2024, a Class 10 board exam topper from Uttar Pradesh was subjected to online trolling and appearance-based harassment due to her facial hair. This shows how online trolling overshadowed her academic achievement.
Similarly, there are several cases where individuals are targeted through different methods of Cyberbullying. The cyberbullying cases highlight the broader trend of normalization trolling and online hate due to lack of accountability Many victims go silent fearing no response and support or being discouraged by legal procedures involved in filing complaints.
Due to the absence of cautious digital monitoring, lack of legal awareness, and failure to implement preventive measures on social media platforms, many cases go unpunished even with the existence of laws like section 67 of IT Act 2000 and section 74 of the BNS 2023.
GAPS IN LEGAL PROTECTION
India lacks a specific law that directly addresses cyberbullying. Instead, it relies on general provisions of the Information Technology Act 2000, BNS 2023, and POCSO Act 2012. While these laws offer some level of protection, but also hold legal limitations which make the victims especially minors and women not come forward due to lack of awareness, fear of retaliation, and lack of confidence in police action.
Though the government directives are implemented users reporting harassment rarely receive timely address. Current laws are scattered across various acts or initially were framed for offline offences later extended to digital space due to the increase of online abuse.
While the present framework is partially functional in addressing certain cyberbullying behaviours but fails to address collective online abuse because these tools are fragmented, reactive and insufficient in the face of modern online abuse.
SUGGESTIONS
Need for Reform and Specificity in Law
In light of rising cyberbullying cases in India, we need an effective approach involving legal reform, institutional strengthening, and digital literacy is needed.
A proper enactment of a standalone law that clearly defines cyberbullying and its various forms such as doxxing, trolling impersonation with prescribed penalties, while ensuring the anonymity of the complainant, especially children and women to ensure procedural safeguards.
The cybercrime cells need to be strengthened and should be made accessible to victims without involving unnecessary steps and the government should ensure every district has a dedicated and trained cybercrime unit.
Academic institutions should raise awareness among children by conducting cyber safety workshops, counselling sessions, and grievance redressal setups which promote empathy and reduce online aggression.
With the legal provisions victim support and counselling are also important for the well-being of victims as this online abuse leaves a great psychological impact on victims. Having a dedicated mental health support accompanied by legal provisions is also important.
CONCLUSION
The significant rise of cyberbullying in India throughout recent years is a serious issue, especially among youth and women. Current laws like the Information Technology Act 2000, Bhartiya Nyaya Sanhita 2023, and POCSO 2012, provide partial protection with the dire need for specific laws for cyberbullying to ensure safer online platforms and support victims. The lack of specific laws and limited awareness make it easy for the bullies to escape. With better laws, awareness, digital literacy, and responsibility, we can create a better and safer online space for everyone.
Musabbiha Fathima
PG College of Law, Osmania University