Crimes Committed Through Social Media
Chapter One Hundred Thirty-Eight
Syllabus topic 4.7, "Social Media and Emerging Crimes."
Pages 907 to 912 of 948
In one line
Six named harms are committed through social media, none of them has a provision of its own in the Act, and each is charged under a general provision of the Bharatiya Nyaya Sanhita, 2023, or under one of the Act's specific offences.
The six harms
Cyberbullying. Repeated aggressive behaviour directed at a person through electronic means, intended to harm or humiliate. It has no statutory definition in India.
Trolling. Provocative or abusive posting, often coordinated, intended to distress or to drive a person off a platform.
Doxxing. Publishing a person's private identifying information, address, workplace, telephone number, family details, so that others may harass them. The word does not appear in any Indian statute.
Sextortion. Obtaining intimate images or acts, or a payment, by threatening to publish material the offender holds.
Catfishing. Creating a false persona to form a relationship, usually to obtain money, images or information.
Online stalking. Persistent unwanted contact and monitoring of a person's electronic communications.
What charges each
| Harm | Principal provisions | Notes |
|---|---|---|
| Cyberbullying | Section 351 Sanhita, criminal intimidation; section 79 Sanhita, insulting the modesty of a woman; section 356, defamation; section 78, stalking | No offence of bullying; the charge depends on what was said and to whom |
| Trolling | Section 356 defamation; section 351 intimidation; section 196 promoting enmity; section 79 where a woman is targeted | Coordinated trolling may be section 61 criminal conspiracy |
| Doxxing | Section 66E if a private area is shown; section 72A if the information came from a service contract; section 351(2) intimidation; section 308 extortion where a demand follows | No offence of publishing an address, which is the gap |
| Sextortion | Section 308 Sanhita, extortion; section 67, 67A where material is published; section 66E; section 384 to 389 equivalent provisions; POCSO section 11 and 12 where the victim is a child | Extortion is complete on the threat with intent to cause fear, so no image need be published |
| Catfishing | Section 66D cheating by personation; section 319 Sanhita, cheating by personation, five years; section 318 cheating; section 336 forgery where documents are made | The Explanation to section 319 covers a real or imaginary person |
| Online stalking | Section 78 Sanhita, stalking, which expressly includes monitoring the use by a woman of the internet, email or any other form of electronic communication | Protects a woman only; a man stalked online has no equivalent provision |
The three provisions that do most of the work
Section 78 of the Bharatiya Nyaya Sanhita, 2023, stalking.
Any man who (i) follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or (ii) monitors the use by a woman of the internet, e-mail or any other form of electronic communication, commits the offence of stalking.
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