Understanding Cyber Stalking: Laws and Types Explained
Cyber stalking involves using electronic means to harass or stalk individuals, leading to serious legal consequences. Learn about different types of cyber stalking and the laws governing this offense.
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Presentation Transcript
CYBER STALKING PRIYA DHAKANE, DYSP. BATCH D, ROLL NO-26
DEFINITION: Cyberstalking is the use of the internet other electronic means to stalk or harass an individual, group, or organization. It may include false accusations, defamation, slander and libel. It may also include monitoring, identity theft, threats, vandalism, solicitation for sex, or gathering information that may be used to threaten, embarrass or harass.
IS IT OFFENCE? Cyberstalking is a criminal offense under various state anti-stalking, slander and harassment laws. A conviction can result in a restraining order, probation, or criminal penalties against the assailant, including jail. Indian penal code, 1860 Section 354D(2): Monitors the use by a woman of the internet, email or any other form of electronic communication,commits the offence of stalking;
Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.
KINDS OF CYBER STALKING: There are three kinds of cyber stalking. E-mail stalking Internet stalking Computer stalking E-mail stalking: E-mail stalkingis one of the most common forms of stalking in the physical world involve telephoning, sending mail, and actual surveillance, cyber stalking which can take many forms .Unsolicited e-mail is one of the most common forms of harassment, including hate, obscene, or threatening mail. Other forms of harassment include sending the victim viruses or high volume of electronic junk mail.
Internet Stalking: Here in this case stalkers can comprehensively use the Internet in order to slander and endanger their victims. In such cases, the cyber stalking takes on a public, rather than a private dimension. What is particularly disturbing about this form of cyber stalking is that it appears to be the most likely to spill over into physical space.
Computer Stalking: The third mode of cyber stalking is computer stalking which exploits the Workings of the Internet and the Windows operating system in order to assume control over the Computer of the targeted victim. It is probably not widely recognized that an individual Windows based computer connected to the Internet can be identified and connected to another computer through to the Internet.
METHODS OF CYBER STALKING The stalker collecting all the information about the victim through watching her activity and following her online activities. The stalker has series of collection about the victim and he threaten the victim for his personal use. Then he posting it into the internet and invite them to have sexual treatment with the victim. People of all kind from nook and corner of the world start calling the victim and compel her and sexually harass the victim victim Subscribe the e-mail of the victim into the pornographic and sex sites.
CHALLENGES: There is no effective law of cyber stalking. We don't have a separate stalking law like U.S.A. Section 354D is limited, because there is no specific provisions for if a male stalked. The extradition law of India is too weak. There is no effective extradition. The stalkers are using modern technologies but the cyber crime technology is weaker then the stalkers.
The enforcement of stalking law is still too weak. The information technology Act,2000 has no specific provision for cyber stalking. The loop holes of the law accuted the stalker easily. There is no fear of punishment from the stalker's side.
SUGGESTIONS: The government has to take a prior step to the effective enforcement of the stalking law. Separate stalking law must be enacted. People have to protect themselves first. Women have not to do disclose her personal to anyone. Giving fake name, address, phone number is remedial measures to avoid these inconveniences. Respect with one another is very important, because if you respect a woman u will never do a crime against the women. The state should enforce law and order effectively.
