The best solution is TALK

As per the report of Times of India published in April 2021, quoting Chairperson of National Commission for Women, online harassment including Stalking is on rise by 500% especially during pandemic, in addition to this Business standard reported last year a report of Stalking being filed every 55 minutes in India.

We understand this being team of the best cybercrime lawyers in Delhi NCR.

Recently, after a search for top Cybercrime law firm in Delhi NCR a client approached us with a situation wherein his wife was receiving whatsapp messages on her mobile, these messages were quite abusive in nature. The said messages were being sent to her by a male friend who was even following her on facebook and detailing out. He was sending these messages despite a warning given by the female to stop it immediately and she did inform this to her husband as well.

Her husband also tried to do a polite warning and waited for couple of days when the person didn’t stop at this, he sought legal advice and from our team a female lawyer specialising in such matters took over the charge, while the case is progressing it is being dealt under section 354 (d), let’s see what it talks Under section 354 (D) IPC

• (1) Any man who—

a) follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or

b) monitors the use by a woman of the internet, email or any other form of electronic communication,

c) commits the offence of stalking;

Provided that such conduct shall not amount to stalking if the man who pursued it proves that—

• it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or
• it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
• In the particular circumstances such conduct was reasonable and justified.

Penal Provisions

(2)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.

Criminal Law (Amendment) Act, 2013

Interestingly according to reports, most cyberstalkers are familiar with victims – as in our case, cyberstalking not necessarily be conducted by individuals and might involve a group of people. They could be targeting an individual, group or organization including opposing beliefs, revenge or financial gain as a reason.

A strong piece of advice - AVOID disclosing too much

Surprisingly, many people constantly share personal information about themselves, on social media platforms and beyond that as well. By filling out questionnaires or submitting applications for coupons, you are increasing the likelihood of someone getting hold of your personal data and possibly making cyberstalking more accessible. Having the Best Technology lawyers in Delhi NCR with us we say avoid disclosing too much.