Cyber Stalking Issues of Enforcement in Cyber Space

Viola Rodrigues
School of Law, CHRIST (Deemed to be University), India

Volume III, Issue II, 2020

As new technologies and innovations emerge, there has also been a shocking rise in crime around the world and cybercrime is now one of the most vulnerable crimes. The cyberspace is taken up by a new form of crime which involves repeated attempts by one person to reach another, causing that person a sensation of threat in his or her mind. This emerging crime is commonly referred to as cyber stalking. India too is no exception in this paradigm of cyber crime. This crime have created new issues and challenges for the detection, and prevention of such crimes as it is inadequate to just use the traditional methods such as identification by witnesses and enforcing restraining orders. In this crime of cyber stalking, cyber stalker disguise themselves using the internet without the fear of any consequence and target victims. This paper examines cyber stalking as an example of a crime that is simultaneously both amenable to, and resistant of, traditional forms of legislation, depending upon the way in which the possibilities of the Internet are exploited. The paper attempts to define cyber stalking first and then explains different manners of stalking. There is a distinction made between cyber stalking and offline stalking. The more focus has been laid down on Indian legislative framework regarding cyber stalking and drawbacks concerned to it. The constitutional framework with respect to cyber stalking has also been discussed. In the latter part, the paper attempts to suggest measures to prevent the crime and deal with cyber stalkers.

Keywords: Cyber crimes, Cyber stalking, Cyber space, challenges, framework, Internet.


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