Legal Provisions On Cyber Stalking

LEGAL PROVISIONS ON CYBER STALKING 

AS CYBER CRIMES PARTICULARLY CYBERSTALKING IS GROWING IN INDIA AT A RAPID PACE GOVT. OF INDIA COME UP WITH WITH CERTAIN LEGAL PROVISIONS.

  After the December, 2012 Delhi gang rape incidence, the Indian government had taken several initiatives to review the existing criminal laws. A special committee under Justice Verma was formed for this purpose and basing upon the report of the committee, several new laws were introduced. In this course, anti-stalking law was also introduced. The Criminal Law Amendment Ordinance,2013 added S.354D to the Indian Penal Code to define and punish the act of stalking. This law is as follows: S.354D of the IPC (as has been added by the The Criminal Law Amendment Ordinance,2013 ): 1. Whoever follows a person or contacts or attempts to contact such person to foster personal interaction repeatedly despite a clear indication of disinterest by such person or whoever monitors the use by a person of the internet, email or any other form of electronic communication or watches or spies a person in a manner that results in fear of violence or serious alarm or distress, in the mind of such person or interferes with the mental peace of such person, commits the offence of stalking. Provided that the course of conduct will not amount to stalking if the person who pursued it shows i.

that it was pursued for the purpose of preventing or detecting crime and the person accused of stalking had been entrusted with the responsibility of prevention or detention of crime by the State , or

ii.

that it was pursued under any enactment or rule of law, or to comply with any condition or requirement imposed by any person under any enactment, or,

iii.

that in the particular circumstances, the pursuit of the course of conduct was reasonable.

2. Whoever commits the offence described in S.354D(1) shall be punished with imprisonment of either description for a term which shall not be less than one year but shall extend to three years and shall also be liable to fine.

But it is not always necessary that the women are victims of cyberstalking

50% of all cyberstalking cases now have male victims Experts say that while cyberstalking is on the rise, incidents of men being the victim are growing at a faster rate. Cyber law expert and Supreme Court lawyer Karnika Seth tells us, "I get at least four-five cases of cyberstalking every day. Till now, I have seen women being victimized. However, now I see a trend where men are the victims. Till a few years ago, 75% cases of cyber stalking had women as the victim, but now the ratio is 50:50."

CASE LAW

Mr. Atul Ganesh Patil use to work as a Security Guard in  company called "Motherson" which manufactures Bumpers of car and is located in Chakan MIDC near Pune in Maharashtra. The Victim girl had come for job interview and at the entry had written down her personal mobile Number in the entry Register. The young guard who is resident of Yavatmal District and worked in Chakan, copied down the number from register, saved it in his mobile and started sending obscene WhatsApp messages from his mobile phone and even called her to talk obscene things thereby committing crime of stalking on her. Technically i feel had committed two more crimes i.e Data Theft and Breach of Privacy. I have seen such crimes happening across India, where the cell number is obtained and girls are chased, i see after digital payments have increased and for digital wallet purpose cell phones are shared, privacy compromise via mobile number sharing has increased in India.  In this case, Victim blocked this convicted guard on her phone and social media. The desperate guard then started chasing her by sending obscene messages from his friends and known person mobile phones. Police traced all these phones. These all people whose Cyber stalking case law cyber law cyber crime obscenity case law WhatsApp case law state v Patil phones were used to send messages were made witness and later the accused Guard also accepted his crime. Judge pronounced his Order in open court . Case Details:  "State Vs Atul Ganesh Patil" The FIR No. 17/17 was registered in Chakan Police Station on 10/01/2017  near Pune. Case decided and conviction ordered in 48 Hours.  The investigation was done in 24 Hours and  recording of 5 Witness also was completed today on 11/01/2017.  Today itself, punishment for 2 years rigorous imprisonment and Rs.500/- fine was pronounced in Khed (Rajguru Nagar) JMFC Court near Pune in the state of Maharashtra in India which Presided by Judge Mr. Y J Tamboli.