UNIVERSITY OF PETROLEUM & ENERGY STUDIES

SCHOOL OF LAW

BA LLB. (HONS) CRIMINAL/LABOUR LAWS(B2)

ACADEMIC YEAR: 2018-19
SESSION: JULY-DECEMBER

PROJECT, SYNOPSIS & ABSTRACT

Subject- Code of Criminal Procedure
Topic- CYBER-BULLYING

Submitted to: Submitted by:-

DR. MAMTA RANA YASHIKA KUNTELA (119)

VINOD PARMAR (118)

VIKASH KUMAR (117)

VARUN KHARE (116)

 SYNOPSIS

STATEMENT OF THE PROBLEM

The project topic tries to find out as to what actually is cyber bullying, its scope and extent.
This project also relates the concept of cyber bullying as incorporated under Information
technology Act 2000 and Indian Penal Code 1860. It also discussed various cases and analysed
them as given by Supreme Court time and again. Various guidelines given by Supreme Court
are also discussed.

IDENTIFICATION OF THE ISSUES

The project deals up with the following issues: -

• What actually is the scope and extent of cyber bullying

• Interpretation of Section 66A of Information Technology Act
• Extent of Cyber-bullying under Indian Penal Code

OBJECTIVE OF RESEARCH
The objective of research is as follows:

To study-

• Basic concept of cyber-bullying

• Section 66A v Freedom of Speech and Expression
• Indian Penal Code and cyber bullying
• Prevention Precautions and punishment

RESEARCH METHODOLOGY
Analytical approach has been followed throughout the study with a few areas following
descriptive approach as well. Doctrinal sources have been used for undertaking deep research
on the two domains. This research methodology requires gathering relevant data from the
specified documents and compiling the facts through case laws in order to analyze the material
and arrive at a more complete understanding
SCOPE OF THE RESEARCH
The research basically tries to find out the extent and scope of cyber-bullying. The scope is
limited to Information Technology Act, 2000, Indian Penal Code 1860 and the Constitution of
India.

CHAPTERISATION

Chapter 1 Introduction

Chapter 2 Cyber-bullying under Information Technology Act, 2000

Chapter 3 Cyber-bullying under Indian Penal Code, 1860

Chapter 4 Cyber-bullying under English law

Chapter 5 Drawbacks of applying statutory approach to cyber bullies and Prevention Chapter

6 Conclusion
 ABSTRACT

Cyberbullying or cyber harassment is a form of bullying or harassment using electronic means.

Cyberbullying and Cyber harassment are also known as online bullying. It has become
increasingly common, especially among teenagers. Cyberbullying is when someone, typically
teens, bully or harass others on social media sites. Harmful bullying behavior can include
posting rumours, threats, sexual remarks, a victims' personal information, or pejorative labels
(i.e., hate speech). Bullying or harassment can be identified by repeated behaviour and an intent
to harm. Victims may have lower self-esteem, increased suicidal ideation, and a variety of
emotional responses, including being scared, frustrated, angry, and depressed. Cyberbullying
is bullying that takes place using electronic technology. Electronic technology includes devices
and equipment such as cell phones, computers and tablets, as well as communication tools
including social media sites, text messages, chat and websites.

There is no specific legislation which provides for the specific cyber bullying laws in India
however provisions such as Section 67 of the Information Technology Act deals with cyber
bullying in a way, as well as Section 66 E of IT act section prescribes punishment for violation
of privacy. The section states that any person who intentionally violates the privacy by
transmitting, capturing or publishing private pictures of other. In IPC, section 507, states that
if anyone receives criminal intimidation by way of an anonymous communication then the
person giving threats shall be punished with imprisonment upto two years.

This project deal with the various provision with regards to cyber bullying, remedies and the
precautions. The method used in this work is doctrinal method of research which includes pre-
existing documents and resources.
 PROJECT
 INTRODUCTION

Cyberbullying is bullying that takes place over digital devices like cell phones, computers, and
tablets. Cyberbullying can occur through SMS, Text, and apps, or online in social media,
forums, or gaming where people can view, participate in, or share content. Cyberbullying
includes sending, posting, or sharing negative, harmful, false, or mean content about someone
else. It can include sharing personal or private information about someone else causing
embarrassment or humiliation. Some cyberbullying crosses the line into unlawful or criminal
behaviour.
The most common places where cyberbullying occurs are:
• Social Media, such as Facebook, Instagram, Snapchat, and Twitter
• SMS (Short Message Service) also known as Text Message sent through devices
• Instant Message (via devices, email provider services, apps, and social media
messaging features)
• Email
• Posting any kind of humiliating content of the victim.
• Hacking the victim’s account.
• Sending or posting vulgar messages online.
• Threatening to commit acts of violence.
• Stalking by means of calls, messages, etc.
• Threats of child pornography.

Why is cyberbullying so harmful?

Most people who are bullied online are also bullied in person. However, while offline bullying
allows one the chance to avoid areas and situations that will put them in direct contact with a
bully, cyberbullying offers no such reprieve.
Cyberbullying can follow victims wherever they go, whether they are in a crowd or alone.
Cyberbullies can reach their victims, 24 hours a day, 7 days a week, 365 days a year. They
often post hurtful content online, anonymously, so that they cannot be traced or stopped.
Given the nature of social media, such content is quick to go viral, and reaches a large audience
in the blink of an eye, making it difficult, even impossible, for authorities to delete the harmful
content before it wrecks damage.
The all-pervasive nature of cyberbullying, as well as the amount of time it takes to trace
cyberbullies, makes the growth of cyberbullying an alarming trend across the globe.
Because cyberbullying is difficult to track, many victims feel helpless and unable to cope with
it, especially if the bullying is personal and long-drawn. It is no surprise, therefore, that this
form of bullying has been known to trigger depression and anxiety in its victims. In many
instances, it has also resulted in victims developing suicidal tendencies.

 CYBERBULLYING UNDER INFORMATION TECHNILOGY

ACT, 2000

66A Punishment for sending offensive messages through communication service, etc. -Any
person, who sends, by means of a computer resource or a communication device,-
(a) Any information that is grossly offensive or has menacing character; or
(b) any information which he knows to be false, but for the purpose of causing annoyance,
inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or
ill will, persistently by making use of such computer resource or a communication device;
or (c) Any electronic mail or electronic mail message for the purpose of causing annoyance
or inconvenience or to deceive or to mislead the addressee or recipient about the origin of
such messages, shall be punishable with imprisonment for a term which may extend to three
years and with fine.
Explanation. -For the purpose of this section, terms "electronic mail" and "electronic mail
message" means a message or information created or transmitted or received on a computer,
computer system, computer resource or communication device including attachments in text,
image, audio, video and any other electronic record, which may be transmitted with the
message. ] 1
This section applies to the use of computer resource or communication device for sending
messages which are
1. Grossly offensive or having menacing character

1
Section 66A Information Technology Act 2000
 2. False, and are sent repeatedly for causing annoyance, inconvenience, danger,
obstruction, insult , criminal injury, criminal intimidation, enmity or ill will, or
3. E mails or electronic messages sent for causing annoyance or inconvenience or with an
intent to deceive or mislead.
The message may be in any form so long as it involves a computer resource or a communication
device. It may be therefore in the form of E-mails, SMSs, blogs, tweets, images, voice over IP,
Skype, etc.
Clause (a) says:
“any information that is grossly offensive or has menacing character”
 On Grossly offensive : The meaning of the term grossly offensive used in this section
was discussed in the case of 2 by the House of lords. It is explained to mean something
more than message that was merely offensive as considered by reasonable man. What
is grossly offensive is to be determined by the judges, having due regard to the general
context surrounding circumstances and notions of society in general.

“…it is for the justices to determine as a question of fact whether as message is grossly
offensive, that in making its determination the justices must apply the standards with an open
and just multi-racial society, and the words must be judged taking into account of their context
and relevant circumstances.

 On menacing : Messages which are menacing under this section were discussed in the
U.K. High Court in Director of Public Prosecutions v Collins 3 to be messages that
sought instil fear in the recipient:
“A menacing message, fairly plainly, is a message which conveys a threat- in other words,
which seek to create a fear in or through the recipient that something unpleasant is going to
happen. Here the intended or likely effect on the recipient must ordinarily be a central factor
in deciding whether a charge is made out”

2
(2006) UKHL 40.
3
(2005) EWHC 1308
Both of the terms menacing and grossly offensive are undefined under IT Act,2000. Some
guidance may be drawn from the similarity of section 66A to Section 127 of the communication
Act, 2003 of the U.K.

A person is guilty of an offence if he—

(a)sends by means of a public electronic communications network a message or other matter
that is grossly offensive or of an indecent, obscene or menacing character; or
(b)causes any such message or matter to be so sent.
(2) A person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or
needless anxiety to another, he—
(a) sends by means of a public electronic communications network, a message that he knows
to be false,
(b) causes such a message to be sent; or
(c) persistently makes use of a public electronic communications network.
(3)A person guilty of an offence under this section shall be liable, on summary conviction, to
imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the
standard scale, or to both.

UNCONSTITUNALITY OF THE SECTION 66A OF THE ACT

Section 66a since its introduction in the IT Act is challenged as being violative of Article 19
(1) (a) or the Right to Freedom of Speech and Expression. The main cause of this is the broad
phrasing of this section and the lack of any guidance as to their interpretation which can bring
any statement which a person may find annoying, insulting inconvenient etc. within the
purview of this section. These terms are subject to wide interpretation that varies reatly with
the perception of the people, such as the people writing a message, people reading and people
affected by it.

This is quite evident in the case of the arrest of two women under this section for posting
comments on Facebook on Bal Thackeray’s death4. Comments and personal opinions such as
on these blogs, Facebook twitter and other such websites are very common and in the absence
of any parameters to define when taking action under this section is justified, the opportunities

4
Dominique Mosbergen, Indian women arrested over facebook post questioning Muabis Bal thackreys shutdown,
19 November 2012
of abuse of this section is very high. A high degree of harm to the people affected by such
comments should be required in order to prevent the violation of the Right of freedom of speech
and maintain the constitutionality of section 66A. The government has taken one step in terms
of an advisory 5 on the implementation of section 66a wherein it has adviced to the state
governments to not allow arrests under section 66a without the prior approval of the superior
officer. The relevant part of the advisory is as follows
“state governments are advised that as regard to arrest of any person n complaint registered
under section 66a of the information technology act 2000 , the concerned police officer of a
police station under states jurisdiction may not arrest any person until he/she has obtained
prior approval of such arrest, from an officer not below the rank of the inspector General of
the police in metropolitan cities or of an office not below the rank of Superintendent of Police
at the district level as the case may be”

JUDICIAL RESPONSE
Recently the supreme court in Shreya Singhal v Union of India 6 took a sagacious view of
section 66A . The response has been stern and curt as the controversial law, a grey area
curtailing the area of freedom of speech and expression online has been struck down by the
supreme court as being violative of article 19(1) (a) of the Indian constitution. The supreme
court regarded section 66a as “open ended unconstitutional vague”. Key observations of the
supreme court:7
1. The court said that section 66a has no proximate relationship with the public order and
lacked defined criteria on its exercise.
2. The said provision adversely impacts people right to know and failed to differentiate
between advocacy or discussion on the one hand and incitement on the other.
3. Section 66a does not fall under the expression reasonable restriction as allowed by
article 19(2)
4. The court has observed that promise by government to apply to honestly will not
validate an invalid provision.

5
Advisory on the implementation of Section 66a of the information technology act issued by the department of
electronics and information technology date d9 janurary 2013.
6
2015 (5) SCC 1
7
TALAT FATIMA, CYBER CRIMES, 164 (2nd Ed.)
 5. The bench upheld the provisions and guidelines making intermediaries laible for
removing objectionable content on being notified by the government.
The said section 66a was grossly misused by the enforcement authorities.

 CYBER BULLYING UNDER IPC

Indian penal code provided remedies against defamatory act or an act outraging the modesty of
the women. The amendment of the Act in 2013 introduced other offences and also made cyber
stalking as an offence. Under section 354C, a person who takes pictures of a woman, or watches
her where she expects privacy or when she is indulged in some private activity and expects no
one to be observing, shall be punished with imprisonment in between one year to three years
and also liable to fine under first conviction. For the second or subsequent conviction there is
imprisonment between the terms of three to seven years and also fine. 8Under this section, a
cyber-bully can be punished for taking pictures and can held liable under this section along
with other sections if he transmits or publishes the same.

Section 354A provides punishment for sexual harassment. Section 354D provides punishment
against stalking. If a man contacts a woman or attempts to even after her expressed disinterest,
or monitors her activities on the internet, shall be liable for punishment of imprisonment up to
three years and fine under first conviction. Under second or subsequent conviction, he shall be
punished with imprisonment up to five years and fine.9

Section 378, defines theft as taking the movable property out of the possession of the person
without his consent.25 Section 379 gives punishment for theft as imprisonment up to three
years, or fine, or both.10

Under section 503 and section 506 11a person who threatens the other to cause him, his property
or his reputation, or to any other person who is related to him, any injury may punishment for
up to 2 years, or fine, or both. The threat is caused in order to either make the person do
something illegal or to stop him from doing something legal. This provision maybe used in

8
The Criminal Law (Amendment) Act, 2013, § 354C
9
The Criminal Law (Amendment) Act, 2013, § 354D
10
The Indian Penal Code, 1860, § 379
11
The Indian Penal Code, 1860, § 506
cases where the bully tries to threaten the child to stop him from complaining to his parents or
any other person.

Under section 504, if a person intentionally insults another and gives provocation knowing that
it will lead to destruction of public peace, or the person will respond to such act by committing
an offence shall be punished then the punishment for the same is imprisonment up to two years,
or fine, or both. 12Victim can also seek injunction under the Specific Relief Act against the
bully.

 CYBER BULLYING UNDER ENGLISH LAW

Cyberbullying in itself is not a crime, and is not covered by a specific law. However, by
committing an act of cyber bullying, a person may be committing a criminal offence under a
number of different acts. This include the following:

PROTECTION FROM HARASSMENT ACT 1997

Under the Protection from Harassment Act 1997 it is a criminal offence for a person to pursue
a course of conduct which amounts to the harassment of another, which the perpetrator knows
or ought to know amounts to harassment. This could include sending a person multiple abusive
emails with the intention of causing alarm or distress. A person found guilty of this offence
could receive up to six months imprisonment, a financial penalty or both.
Section 4 of the Protection from Harassment Act 1997 provides the potential for greater
punishment to those found guilty of causing another person to fear, on at least two occasions,
that violence will be used against them. A person found guilty of this offence could receive up
to 5 years in prison, as well as a fine.
The 1997 Act also gives Courts the power to grant restraining orders against those found guilty
of an offence in order to protect the victim.

12
The Indian Penal Code, 1860, §504
 MALICIOUS COMMUNICATIONS ACT 1988
Section 1 of the Malicious Communications Act 1988 states that it is an offence for any person
to send a communication that is "indecent or grossly offensive" for the purpose of causing
"distress or anxiety to the recipient". The Act also extends to threats and information which is
false and known or believed to be false by the sender of the communication. A person found
guilty of this offence is liable to receive a prison sentence of up to 6 months, a fine (currently
of up to £5,000) or even both.

COMMUNICATIONS ACT 2003

Section 127 of the Communications Act 2003 makes it a criminal offence to send via any
electronic communication network a message or other matter that is deemed "grossly offences
or of an indecent, obscene or menacing character". If found guilty of an offence under section
127 of the Communications Act 2003, a person can receive up to six months in prison, a fine
or both.

OBSCENE PUBLICATIONS ACT 1959

The Obscene Publications Act 1959 makes it an offence to publish an obscene article. An
obscene article is classed as one whose effect is to deprave and corrupt persons likely to read,
see or hear the matter contained or embodied in the article. Publishing includes circulating,
showing, playing or projecting the article or transmitting the data.

PUBLIC ORDER ACT 1986

Under section 5 of the Public Order Act 1986, it is an offence to use threatening, abusive or
insulting words, behaviour, writing or any visual representations likely to cause harassment,
alarm or distress within the hearing or sight of a person. With regards to cyberbullying, this
offence could apply where the camera or video functionality now found on the vast majority of
mobile phones is used as a way of causing such harassment, alarm or distress.

COMPUTER MISUSE ACT 1990

If in the course of cyber bullying a person hacks into the victim's online accounts or personal
computer, they may be committing an offence under the Computer Misuse Act 1990.
 CYBER BULLYING IN THE WORKPLACE

Bullying in the workplace is an increasing problem, especially with regards to cyber bullying.
One in five employees have experienced some form of workplace bullying, which can result in
time off work due to illness and stress. Reports suggest that bullying in the workplace costs
UK employers an estimated £2bn a year in lost productivity and sick pay.
Under the Health and Safety at Work Act 1974, all employers have a duty of care to provide
employees with a safe working environment. If an employee is a victim of cyber bullying at
work through the use of the company's computer equipment and infrastructure, the employer
may be in breach of their duty to protect employees under the Health and Safety at Work Act.

 DRAWBACKS OF APPLYING STATUTORY APPROACH TO

CYBER BULLIES
Cyber bullying is, many a time, not actuated by malice and may be done to “poke fun” at a
friend or acquaintance. However, the perpetrator may unintentionally cross the acceptable line
or the victim may believe that it is distasteful and hence unacceptable. Sometimes, malice may
be present. Further, the statement made may not be “false” as contemplated by the IPC or IT
Act. Bullying may also involve repeatedly confronting someone with a truth, or what is
believed to be true with a view to ridicule, humiliate or shame that person.

The IPC classifies minors under 3 heads:

1. Children below seven are legally presumed not capable of committing crimes. This
legal presumption is irrefutable.

2. Children between seven and twelve are presumed not capable of committing crimes.
However, proof that the child had knowledge of the consequences of the action can
refute this and make them liable. The standard of proof is high and the law leans in
favour of the minor. Establishing that a minor of this age group has committed any form
of “cybercrime” in the form of cyber bullying is difficult.

3. Children above the age of 12 who are assumed to be capable of having mens rea and
committing such crimes.

From a study of the offences mentioned as components of cyber-bullying, it is clear that

they require mens-rea. Minor’s upto the age of 7 are exempt from liability as they cannot
 have mens-rea. It is difficult to establish mens-rea of anyone between the ages of 7 and 12.
Anyone above the age of 12 is attributed with mens rea if they commit a crime.13Thus, the
Indian legal system has fixed the age of understanding for the purpose of “mens rea” as 12
years14. It is seen from the foreign statutes in pari materia that juveniles are treated and tried
as adults in certain cases. While one is for such a provision, particularly for heinous crimes
such as rape and murder, juveniles who are first time offenders should have no criminal
liability whatsoever for cyber bullying, unless it leads to suicide or death.

If a child above 7 commits cyber bullying in the form of a cyber crime, he will be subject
to the Juvenile Justice Act and be put into remand homes or borstal schools or similar
facilities to serve time for their crime. This will be too harsh. Firstly, the child may
understand only the action he commits and not all the consequences. This would lead to
punishment being detrimental. Secondly, punishment of a child in such form, which
involves displacing him from his place of residence, family and familiar surroundings, may
harden him instead of deter from further crimes.

Cyber bullying is, arguably, a milder offence when compared to offences such as murder.
Thus, if convicted, a cyber-bully would be housed and disciplined with other juveniles in
conflict with the law who may be habitual offenders or may have committed heinous
crimes. This may jeopardize the cyber bully’s safety or influence him to go deeper into
crime and become a habitual offender. Thus, criminalizing minors for cyber bullying can
be counterproductive. It is over criminalization.

PREVENTION

 Schools should intervene to prevent Cyber bullying off-campus and should define cyber
bullying in school regulations.
 Teachers and parents be educated about Cyber bullying and that educators limit the use
of cellular phones students in school settings.
 Stop, block and tell method. Once you realize that you are becoming a victim of cyber
bullying, stop it before it worsens. Block the Cyber bully and tell to your teachers or
parents about it or, if it a threat to your life, inform the authorities.

13
S. 83, Indian Penal Code ,1860
14
Salil Bali v Union of India (2013) 7 SCC 705
  Safeguard your password and other private information from prying eyes. Never leave
passwords or other identifying information where others can see it. Also, never give out
this information to anyone, even your best friend. If others know it, take the time to
change it now!
 Restrict access of your online profile to trusted friends only. Most social networking
sites like Face book and Google offer you the ability to share certain information with
friends only, but these settings must be configured in ordered to ensure maximum
protection.
 Regularly search your name in every major search engine (e.g., Google, Bing, and
Yahoo). If any personal information or photo comes up which may be used by cyber
bullies to target you, take action to have it removed before it becomes a problem.
 Establish rules about appropriate use of computers, mobile phones, and other
technology. For example, be clear about what sites they can visit and what they are
permitted to do when they’re online. Show them how to be safe online.
 If you believe that you are a victim of Cyber bullying the one thing you must do is not
erase the offending material from the system. Print a copy of the material and
immediately report the incident to a school official (principal, assistant principal, school
counselor, teacher, or director of technology). All reports of harassment in cyberspace
will be investigated fully. Sanctions may include, but are not limited to, the loss of
computer privileges, detention, suspension, separation, or expulsion from school.

In the case of University of Kerala v. Council, Principal’s colleges, Kerala & others15, It is
now a matter of implementation. Both the Raghavan Committee Report and the Supreme
Court decision would take within their folds cyber-bullying.

CONCLUSION
Indian laws are competent and well drafted to punish traditional offences on the physical space.
Some laws to punish offences on cyber space are well drafted to meet the ends of justice. The
interesting aspect of cyber space is that it is growing and evolving unlike physical space. Due
to the same reason, what shape the crimes might take place is still not fully foreseen; cyber
bullying is one such crime. It can take place in many forms and can be tried under different
provisions of existing laws but doing so will affect evolution of cyber laws in India. There is a

15
(2011) 14 SCC 357
need for defining separate laws for the purpose of cyber-crime offences since the mode,
consequences, gravity and probable targets are different. Cyber bullying is one of the offences
which can take an ugly shape in the future and needs to be addressed soon. In making of the
cyber bullying law, law makers should take opinion of the psychiatrist since such offence
affects the psyche of a child very much. The law should be made considering the psychology
of people involved and the legal expertise of law enforcements. If law is not made, many cyber
bullies will be left open and victims will have to suffer the consequences and defeating the
concept of justice. A structured system to tackle such incidents of cyber bullying with advanced
centre to comply must be established. The Raghavan committee report recommended that
teachers and the principal shall be held liable if any act of bullying takes place in the school
premises. The Raghavan committee report must proper implemented to curb such situation at
basic level.