“Cyberstalking”
- BY MR.SNEHAL VAKILNA ( ADVOCATE )

Stalking is a continuous process, consisting of a series of actions, each of which may be entirely legal in itself. In simple terms Cyberstalking is the use of the Internet or other electronic means to stalk someone. Cyber Stalking can be defined as the repeated acts harassment or threatening behavior of the cyber criminal towards the victim by using internet services. Cyber stalking is a relatively new phenomenon.
Cyber stalkers could opreats in following ways:
a. Collect all personal information about the victim such as name, family background, Telephone Numbers of residence and work place, daily routine of the victim, address of residence and place of work, date of birth etc. If the stalker is one of the acquaintances of the victim he can easily get this information. If stalker is a stranger to victim, he collects the information from the internet resources such as various profiles, the victim may have filled in while opening the chat or e-mail account or while signing an account with some website.
b. The stalker may post this information on any website related to sex-services or dating services, posing as if the victim is posting this information and invite the people to call the victim on her telephone numbers to have sexual services. Stalker even uses very filthy and obscene language to invite the interested persons.
c. People of all kind from nook and corner of the World, who come across this information, start calling the victim at her residence and/or work place, asking for sexual services or relationships.
d. Some stalkers subscribe the e-mail account of the victim to innumerable pornographic and sex sites, because of which victim starts receiving such kind of unsolicited e-mails.
e. Some stalkers keep on sending repeated e-mails asking for various kinds of favors or threaten the victim.
f. In online stalking the stalker can make third party to harass the victim.
g. Follow their victim from board to board. They “hangout” on the same BB’s as their victim, many times posting notes to the victim, making sure the victim is aware that he/she is being followed. Many times they will “flame” their victim (becoming argumentative, insulting) to get their attention.
h. Stalkers will almost always make contact with their victims through email. The letters may be loving, threatening, or sexually explicit. He will many times use multiple names when contacting the victim.
i. Contact victim via telephone. If the stalker is able to access the victims telephon, he will many times make calls to the victim to threaten, harass, or intimidate them.
j. Track the victim to his/her home.


Various countries have different laws relating to stalking and some states of the United States of America have cyber stalking legislation.
The Indian Information technology Act 2008 (amended) does not directly address stalking. But the problem is dealt more as an "intrusion on to the privacy of individual" than as regular cyber offences which are discussed in the IT Act 2008. Hence the most used provision for regulating cyber stalking in India is section 72 of the Indian information technology act ( Amended) , 2008 which runs as follows;
Section 72: Breach of confidentiality and privacy: Save as otherwise provided in this Act or any other law for the time being in force, any person who, in pursuant of any of the powers conferred under this Act, rules or regulations made there under, has secured access to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned discloses such electronic record, book, register, correspondence, information, document or other material to any other person shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.
In practice, this provision is often read with section 441 of the Indian Penal Code, which deals with offences related to Criminal trespass and runs as follows: Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property , or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate , insult or annoy any such person, or with an intent to commit an offence, is said to commit criminal trespass.
If the cyber stalking is done only to annoy the victim and is not resulted to serious offences like severe defamation, sexual crimes, identity theft or even grave crimes like terrorism, it is treated as a bailable offence.

Inspite of the current updation and amendments in The Indian Information technology Act 2008 (amended ) and comparing them with the severity associated with the said crime There is a need to create more awareness amongst the legislature and the law enforcing agencies regarding this new cybercrime in order to enable its early regulation .






by
MR. SNEHAL VAKILNA (ADVOCATE)
(MCOM LLB , WITH SPECILAISATION
IN CYBER LAWS AND CYBER CRIME
INVESTIGATION)