Abstract

The internet and the rapid advancement of digital technologies have altered the way people converse and interact in the modern society. Despite the fact that communication has become easier and quicker through these advancements in technology, it has provided more avenues through which crimes can be committed in cyberspace. One of such emerging issues is cyberstalking, which can be described as a continuous use of electronic channels of communication such as emails, social networks, instant messages, or any other digital channels to harass, intimidate, spy or threaten another individual. Unlike in the conventional stalking, in cyberstalking, no physical proximity is involved and criminals can easily hide their identity behind the anonymity most digital platforms provide, making it much more difficult to detect and prosecute them. In the present digital era, people share personal information, photos, and interaction with daily activities in the cyberspace. This augmented internet presence exposes persons to greater susceptibility of victimisation. Some of the activities that cyber stalkers may engage in are sending threatening messages, creation of fake online profiles, defamation spread, unauthorised use of personal accounts or continuous monitoring of the online activities of a victim. These activities are a grave violation of the privacy of the involved person and often result in psychological distress, fear, emotional trauma, and reputational damage. The Indian courts have largely used the provisions of the Information Technology Act, 2000, and some of the criminal law provisions that deal with stalking and harassment to take legal action against cyberstalking. However, the legal system is still developing, and such problems as jurisdiction, the lack of specific laws against cyberstalking, and the lack of knowledge about the solutions regarding the issue by victims are still a challenge. This paper reviews cyberstalking in this digital era, its impact on victims and society and the sufficiency of the current Indian law. It calls on the need to improve legal processes, increases awareness, and more preventive actions to safeguard individuals in the digital community.

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