BY 

The Delhi Police has recently registered India’s First Case of Cyberstalking. One Mrs. Ritu Kohli complained to the police against the a person who was using her identity to chat over the Internet at the website www.mirc.com, mostly  in the Delhi channel for four consecutive days. Mrs. Kohli further complained that  the person was chatting on the Net, using her name and giving her address and was talking obscene language. The same person was also deliberately giving  her telephone number to other chatters encouraging them to call Ritu Kohli at odd hours. Consequently, Mrs Kohli received almost 40 calls in three days mostly at odd hours from as far away as Kuwait, Cochin, Bombay and Ahmedabad. The said calls created havoc in the personal life and mental peace of Ritu Kohli who decided to report the matter.

Consequently, the IP addresses were traced and the police investigated the entire matter and ultimately arrested Manish Kathuria on the said complaint. Manish apparently pleaded guilty and was arrested. A case was registered under section 509, of the Indian Penal Code (IPC). And thereafter he was released on bail.

This is the first time when a case of cyberstalking has been reported. Cyberstalking does not have any one definition but it can be defined to mean threatening, unwarranted behaviour or advances directed by one net user to another user using the medium of Internet and other forms of online communication. Cyberstalking is a recent phenomenon and women generally are the main targets of this cybercrime..

The said case of Ritu Kohli raises numerous Cyberlaw issues. It may be pertinent to mention that the said case came up before the coming into force of the Information Technology Act, 2000, India’s maiden foray in Cyberlaw. The case has been registered under section 509, IPC which reads as follows :

 “Word, gesture or act intended to insult the modesty of a woman. – Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine or with both.”

A perusal of the entire section shows that the said section does not cover cyberstalking. The important ingredients of the said section includes that a word must be uttered or a sound or gesture must be made or any object must be exhibited. When a person chats on the Net for the purpose of the cyberstalking,  he is neither uttering a word in the sense of the law nor making a sound or gesture nor exhibiting any object. The word chatting has been brought into coinage basically to describe a process by means of which various net users are simultaneously exchanging their views on the Internet with the help of technology. The net user is only working on his computer while chatting and that activity would not come within the ambit of Section 509 IPC even with the most liberal interpretation. Another issues is if no word has been uttered in the eyes of law or no sound or gestures has been make or object exhibited, then the question of intention behind the same would be very difficult to establish in a court of law, more so when the case relates to Cyberspace. Further, how would law enforcing agencies and the courts of law be able to find out about the intention to insult the modesty of any woman in cyberspace? It will be equally difficult to apply the other condition which talks about intruding upon the privacy of such woman ,stipulated  in Section 509 IPC to cyberstalking. How would the courts adjudicate upon the intrusion of privacy of any woman in Cyberspace when cyberspace is a free, boundary less medium where privacy itself is at the center stage of controversy?

Even the new Information Technology Act, 2000 does not address the issue of Cyberstalking at all. Another Cyberlaw issue concerning cyberstalking is which court would have jurisdiction to try  the offence of cyberstalking.  There is a need  to create more awareness amongst the legislature and the law enforcing agencies regarding this new cybercrime in order to enable its early regulation .

Pavan Duggal can be contacted at his email info@cyberlawindia.com, pduggal@vsnl.com. You can also visit the following sites at http://www.cyberlaws.net,

http://www.cyberlawindia.com