LAWS AGAINST CYBERBULLYING

 LAWS AGAINST CYBER BULLYING

Cyberbullying can be addressed under civil law or criminal law, based on the situation.

Civil law: This is the branch of law that deals with property rights, personal dignity and freedom from injury.



                                                  LAWS AGAINST CYBER BULLYING

There were 5 Indian Laws You Should Know Of To Fight Cyber Bullying:-

1.      Section 507 of IPC:- Deals with “criminal intimidation by anonymous communication” and can be effectively used by women facing harassment and threats online, particularly rape threats. Due to the inclusion of the term “anonymous”, the section covers the proliferation of trolls in the virtual world. It allows a victim to lodge a complaint without knowing the true identity of the harasser.

v  Punishments:- According to this section of Indian penal code, Whoever commits intimidation by an anonymous communication, or having taken precaution to conceal the name or abode of the person from whom the threat comes, shall be punished with imprisonment of either description for a term which may extend to two years, in addition to the punishment provided for the offence by the last preceding section.

v  Cognizance:- Non-Cognizable.

v  Bail:- Bailable

v  Triable:- Magistrate First Class

 

2.      Section 66E of IT Act:- Concerns “punishment for violation of privacy”. It punishes anyone who “intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person”. The word “consent” gives women a solid reason to rely on this section.

v  Punishment:- Imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both.

v  Cognizance:- Cognizable

v  Bail:- Bailable

v  Triable:- Triable

 

 

3.      Section 499 of IPC:- Using words, signs, visible representation, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said.. to defame that person.

v  Punishment:- Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both

v  Cognizance:-Non-cognizable

v  Bail:- Bailable

v  Triable:- Triable

 

4.      Section 509 of IPC:- Word, gesture or act intended to insult the modesty of a woman.

 

Whoever, intending to insult the modesty of any woman, utter any word, makes any sound or gesture, or exhibits any objects, intending that such words or sound shall be heard, or that such gesture or object shall be seen, by such woman upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine.

v  Punishment:- Imprisonment for a term which may extended to three years, with a fine.

v  Cognizance:- Cognizance.

v  Bail:- Bailable

v  Triable:- Triable

 

 

 

 

5.      Section 354A and 354D:- Following the Nirbhaya case, the law was made more stringent. These sections deal with sexual harassment, stalking and include harassment via electronic communication

354A:- Assault or criminal force to woman with intend to outrage her modesty.- Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

 

Ø  Before:- “punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both”.

Ø  Now:- “shall not be less than one year but which may extend to five years, and shall also be liable to fine”.

Ø  Before:- Cognizable & bailable

Ø  Now:- Cognizable & Non-bailable

 

354D:- Any man who-

¨      Follows a women and contacts, or attempts to contact such women to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or

¨      Monitors the use by a woman of the internet, email or any other form like of electronic communication, commits the offence of stalking

       Punishments:

§  On first conviction:  imprisonment of either description for a term which may extend to three years, and fine

§  On a second or subsequent conviction:  with imprisonment for a term which may extend to five years, and fine.

Ø  First offence cognizable but bailable

Ø  Second or subsequent offence cognizable but non-bailable


-MAYANK


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