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Cyber Stalking – Meaning, Methods & Legal Actions

Repeated WhatsApp messages after being blocked. Fake profiles created in your name. GPS tracking your location. This is cyber stalking - and it's a CRIME.


Definition

Cyber Stalking = Using internet/digital devices to repeatedly harass, threaten, or monitor someone, causing fear or distress.

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Cyber Stalking vs Traditional Stalking

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Methods of Cyber Stalking

1. Social Media Monitoring

*Repeatedly viewing/commenting on posts

  • Creating fake profiles to befriend victim's friends
  • Posting victim's photos without consent

Example:

  • Ex-boyfriend creates 50 fake Instagram accounts
  • Keeps sending friend requests after being blocked
  • Comments on every post

2. Constant Messaging

  • WhatsApp messages every 5 minutes
  • 100+ missed calls daily
  • Emails flooding inbox

Even after blocked:

  • Uses different numbers, email IDs
  • Messages from unknown accounts: "I know where you are"

3. GPS Tracking

  • Installing tracking apps on victim's phone
  • Spyware like mSpy, FlexiSPY
  • Accessing real-time location

How installed:

  • "Can I borrow your phone?" → Installs app in 2 minutes
  • Send APK file disguised as game

4. Doxing

  • Publishing victim's private information online
  • Doxed data: Home address, phone, workplace, family photos
  • Posted on public forums, Reddit, Twitter

Intent: Harassment, threats, swatting (fake police calls)

5. Revenge Porn

  • Sharing intimate photos/videos without consent
  • Posted on porn websites, sent to victim's family/employer

Most traumatic form of cyber stalking

6. Catfishing

  • Creating fake romantic profile
  • Building relationship to extract information
  • Blackmail with collected data

7. Cyberbullying + Stalking

  • Creating "hate pages" with victim's name
  • Posting morphed obscene images
  • Organizing online harassment campaigns

Real Cases

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Psychological Impact

On Victims:

  • Anxiety, fear: Constantly looking over shoulder
  • Sleep disruption: Nightmares, insomnia
  • Depression: Feeling helpless, violated
  • PTSD: In severe cases
  • Social withdrawal: Avoid going out, delete social media

Suicide cases reported due to persistent cyber stalking + revenge porn


Legal Framework in India

1. Section 354D IPC (Stalking)

Added in 2013 after Nirbhaya case

Offence: Following/contacting woman despite clear indication of disinterest

Includes:

  • Physical following
  • Digital stalking (WhatsApp, email, social media)

Punishment:

  • First offense: Up to 3 years + fine
  • Subsequent offense: Up to 5 years + fine

Cognizable & Bailable (police can arrest without warrant, but can get bail)

2. Section 354A IPC (Sexual Harassment)

If stalking includes sexual advances, requests

3. Section 509 IPC (Insulting Modesty)

Word/gesture/digital communication intended to insult woman

Punishment: 1-3 years

4. Section 66E IT Act (Privacy Violation)

Publishing private photos without consent

Punishment: 3 years + ₹2 lakh

5. Section 67/67A IT Act (Obscene Content)

Publishing/transmitting obscene material (revenge porn)

Punishment: 3-5 years + ₹5-10 lakh


How to Protect Yourself

Digital Hygiene

  1. Privacy Settings

    • Facebook, Instagram: Private account
    • Location sharing: OFF
    • Tagging: Require approval
  2. Block & Report

    • Block stalker on ALL platforms
    • Report to platform (Instagram, WhatsApp removes account)
    • Report to cybercrime.gov.in
  3. Document Everything

    • Screenshot messages, calls, emails
    • Note dates, times
    • Essential for police complaint
  4. Change Passwords

    • Strong, unique for each account
    • Enable 2-factor authentication
  5. Check for Spyware

    • Factory reset phone if suspicious
    • Install reputable antivirus
    • Monitor battery drain (spyware uses battery)

Physical Safety

  1. Inform family, friends
  2. Vary routine (don't be predictable)
  3. Trusted contacts know your whereabouts
  4. Panic button apps (sends SOS with GPS location)

Legal Action Steps

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Police Often Say...

"It's a personal matter" ❌ WRONG!

  • Cyber stalking is COGNIZABLE offense
  • Police MUST register FIR

"Come with male family member" ❌ WRONG!

  • Victim can file alone
  • Can take lawyer/NGO support

Women can file complaint online 24/7 at cybercrime.gov.in


Support Resources

OrganizationContactService
Women Helpline18124/7 support
National Cyber Crime1930Report cyber crime
Cyber Crime Portalcybercrime.gov.inOnline FIR
Lawyers CollectiveFree legal aidWomen's rights

International Perspective

USA: Federal stalking law (18 USC 2261A) - Up to 5 years

UK: Protection from Harassment Act 1997 - Up to 10 years

Australia: Using carriage service to menace - Up to 3 years

India comparatively has strong laws (5 years), but enforcement weak (only 25% conviction)


Summary

  • Cyber stalking = Repeated online harassment causing fear/distress
  • 70% victims are women, 52,000+ cases in 2023, only 12% reported
  • Methods: Social media stalking, GPS tracking, doxing, revenge porn
  • Laws: Section 354D IPC (5 years), Section 66E IT Act (3 years)
  • Varnika Kundu case: Set precedent for strict action
  • Protection: Privacy settings, document evidence, report immediately
  • File complaint: Local police or cybercrime.gov.in (online 24/7)

Quiz Time! 🎯

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