Legal

Followings are various forms of defamation and respective legal validity of such offenses. This is for the general awareness and our legal experts can assist you to file a complaint.

Cyber Bullying

Cyberbullying is a form of bullying or harassment using electronic communication devices. Cyberbullying is also referred to as online bullying or trolling. It has become increasingly common with the growth of the digital era, technological advancements and lower costs of procurement. Cyberbullying is when someone bullies or harasses others on the internet and in other digital spaces, particularly on social media sites. Harmful bullying behavior can include posting rumors, threats, sexual remarks, disclosing a victims' vulnerable personal information, or hate speech. Bullying is easily identifiable by repeated behavior and intent to cause harm. Victims of cyberbullying may experience lower self-esteem, increased suicidal ideation, and a variety of negative emotional responses including being scared, frustrated, angry, or depressed. Cyber bullying is a form of cyber offence that occurs specifically on an online platform in many forms, few examples of cyberbullying are shown below for a better understanding. This list is only indicative and not exhaustive:

Humiliating/embarrassing content posted online about the victim
Hacking of account
Posting vulgar messages/pictures/gestures
Threat of violence
Cyber Stalking
Child pornography or threats of child pornography

Unlike the traditional form of bullying, cyber bullying is purely an online phenomenon. Effects of bullying are wide and long-lasting and it affects the mental well being of the victim. There are no specific laws in India which protects against cyber bullying. In cases of cyber bullying the authorities rely on various provisions from the Indian Penal Code,

1860 (IPC), the Information Technology Act 2017 (IT Act)
Indecent Representation of Women (Prohibition) Act, 1986 (IRW Act).

Cyber Stalking

Cyber stalking is the use of the Internet or other electronic means to stalk or harass an individual, group, or organization. It may include false accusations, defamation, slander and libel. Stalking is a criminal offence punishable under Indian Penal Code.

Section 354D IPC - stalking

Cyber Pornography

Cyber Pornography is the act of using cyberspace to create, display, distribute, import, or publish pornography or obscene materials. Relevant provisions referring to publishing or transmitting obscene material in electronic form are:

Section 67 of the IT Act - Punishment for publishing or transmitting obscene material in electronic form.
Sections 290 of IPC - committing public nuisance.
Section 292 of IPC - sale of obscene books etc.
Section 292A of IPC - printing or publishing grossly indecent or scurrilous matter or matter intended to blackmail.
Section 293 of IPC - sale etc of obscene objects to young persons.
Section 294 of IPC - doing or composing, writing etc of obscene songs.
Section 509 of IPC - outraging the modesty of woman.
Section 4 of IRW Act- Prohibition of publication or sending by post of books, pamphlets etc. containing indecent representation of women
Section 6 of IRW Act – Punishment for the offence under Section 4

Cyber defamation

If any person who intentionally uses any words, signs or visible representations, or publishes anything via. an electronic communication device to harm your reputation, they can be punished for defamation under the provisions of Indian Penal Code. Acts such as defaming a woman online, commenting on social media platforms, posting obscene remarks or images or videos are all covered under the offence of defamation.

Section 499 of the IPC - Defamation.
Also the victim can claim monetary compensation through civil courts.

Email-harassment

Section 67 of IT Act - Punishment for publishing or transmitting obscene material in electronic form
Section. 67A of IT Act - Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form

Fake social media profile

Section 66C of IT Act - Punishment for identity theft.
Section 66D of IT Act - Punishment for cheating by impersonation using computer resource
Section 415 of IPC - cheating
Section 416 of IPC - cheating by impersonation
Section 499 of IPC – defamation (also, monetary compensation available from civil courts)
Indecent Representation of Women (Prohibition) Act

Sending nudes or sexually explicit material or obscene material

Section 67 of the IT Act - Punishment for publishing or transmitting obscene material in electronic form.
Section 354 A of the IPC – Sexual Harassment and Punishment for Sexual Harassment.
Section 354 B of the IPC- Assault or use of criminal force to women with intent to disrobe
Section 354 C of the IPC- Voyeurism (An act of watching/recording a women engaging in a private act when she is ordinarily not expecting to be watched/recorded and disseminating the images/videos of such act)
Section 4 of IRW Act- Prohibition of publication or sending by post of books, pamphlets etc. containing indecent representation of women
Section 6 of IRW Act – Punishment for offence under Section 4

Photo morphing

Section 292 of IPC - sale of obscene books etc.
Section 67 IT Act - Punishment for cheating by impersonation using computer resource

Abusive language and photo morphing

Section 67 IT Act - Punishment for cheating by impersonation using computer resource.
Anonymous threats and blackmailing
Section 503 of IPC – Criminal intimidation
Section 506 of IPC – Punishment for Criminal intimidation
Section 507 of IPC - Criminal intimidation by an anonymous communication

Rape/ gang rape threats

Section 354 D of IPC – Stalking
Section 503 of IPC – Criminal intimidation
Section 506 of IPC – Punishment for Criminal intimidation
Section 507 of IPC - Criminal intimidation by an anonymous communication

Racial/communal abuse

Reference to skin colour, body type, Culture, heritage, tradition, etc. of a person is a violation of the „Right to life and personal dignity‟ enshrined and guaranteed to every citizen of India under Article 21 of the Constitution of India.
Section 153A of IPC - to punish persons who indulge in wanton vilification or attacks upon the religion, race, place of birth, residence, language etc. of any particular group or class or upon the founders and prophets of a religion
Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 - to prevent the commission of offences of atrocities against the members of the Scheduled Castes and the Scheduled Tribes, for the relief and rehabilitation of the victims of such offences and for matters connected therewith or incidental thereto.