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Cyber Bullying in IT Law – Detailed Analysis

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1. Origin of Cyber Bullying

• Traditional bullying (physical/verbal harassment) has always existed in schools, workplaces, and communities.
• With the rise of computers, internet, and mobile phones in the 1990s–2000s, bullying shifted into the digital space → leading to “cyber bullying.”
• Worldwide origin:
  • First cases reported in USA and Europe in the late 1990s (emails, chat rooms, instant messaging).
  • Cyber bullying became widespread with the growth of social media platforms like Orkut, Facebook, Twitter, Instagram.
• In India:
  • Early 2000s → Orkut & Yahoo chat rooms saw the first cyber harassment cases.
  • First reported Indian case: Ritu Kohli Case (Delhi, 2001) – cyber stalking through impersonation in chat rooms.
  • This marked the origin of cyber bullying awareness in India and pushed lawmakers to update IT laws.

👉 Thus, cyber bullying originated as a modern extension of traditional bullying, fueled by anonymity and wide reach of the internet.

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2. Meaning of Cyber Bullying

Cyber bullying = Using digital technology (internet, social media, emails, SMS, websites, etc.) to harass, threaten, insult, or defame someone.

Examples:

• Abusive WhatsApp messages.
• Fake social media accounts.
• Posting obscene or false content.
• Cyber stalking.
• Spreading private pictures without consent.

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3. Relevant Laws in India

(a) IT Act, 2000

• 66C – Identity theft.
• 66D – Impersonation/cheating.
• 66E – Violation of privacy.
• 67 & 67A – Obscene/sexually explicit content.
• (66A struck down in Shreya Singhal v. UOI, 2015).

(b) IPC Provisions

• 354D – Stalking, including online.
• 500 – Defamation.
• 507 – Criminal intimidation.
• 509 – Insulting modesty of a woman.

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4. Case Laws

1. Shreya Singhal v. UOI (2015): Section 66A struck down → protection of free speech.
2. Kush Kalra v. UOI (2021): “Bulli Bai” app removed → cyber harassment punished.
3. State of Tamil Nadu v. Suhas Katti (2004): First conviction under Section 67 IT Act.
4. Ritu Kohli Case (2001): First Indian case of cyber stalking.

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5. Impact

• Psychological: Depression, anxiety, suicide risks.
• Social: Humiliation, loss of reputation.
• Legal: Privacy violation, defamation.

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6. Importance of Law

• Provides punishment & deterrence.
• Protects women, children, students.
• Makes social media accountable.
• Balances freedom of speech with protection against abuse.

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7. Conclusion

• Cyber bullying originated as a digital extension of traditional bullying in the late 1990s, reaching India in the early 2000s with cases like Ritu Kohli.
• The IT Act, 2000 and IPC provisions together control this menace.
• Courts like in Shreya Singhal and Kush Kalra ensure that laws balance free speech with protection from abuse.
• In criminology, it highlights how law evolves with technology to ensure justice in modern society.

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Important Case Laws on Cyber Bullying in India

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1. Shreya Singhal v. Union of India (2015)

• Facts:
  Section 66A of the IT Act, 2000 criminalized sending “offensive, annoying, or menacing” messages online. Many people, including students and ordinary citizens, were arrested for social media posts (like criticism of politicians). Two girls in Maharashtra were even arrested for a Facebook post against bandh after Bal Thackeray’s death.
• Issue:
  Was Section 66A violative of Article 19(1)(a) – Freedom of Speech?
• Judgment:
  • Supreme Court struck down Section 66A as unconstitutional.
  • Held that the section was vague, overbroad, and gave too much power to police.
  • Only “reasonable restrictions” under Article 19(2) (like public order, defamation) are allowed, not vague terms like “annoying.”
• Importance for Cyber Bullying:
  • After this case, victims of cyber bullying had to rely on other provisions (like Sections 66C, 66D, 67 IT Act + IPC).
  • The case is a landmark balance between free speech and protection against online abuse.

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2. Ritu Kohli Case (2001 – Delhi)

• Facts:
  A man impersonated a woman named Ritu Kohli on a chat website. He shared her personal phone number and engaged in obscene conversations under her name. As a result, Ritu received harassing calls and was mentally distressed.
• Legal Action:
  • Case filed under Section 509 IPC (insulting modesty of woman) and provisions of IT Act.
• Judgment:
  • Police registered India’s first cyber stalking case.
  • Highlighted the absence of specific laws at that time.
• Importance:
  • This case marked the origin of cyber bullying awareness in India.
  • It influenced later amendments in IT Act to include stalking and privacy violations.

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3. State of Tamil Nadu v. Suhas Katti (2004)

• Facts:
  • The accused posted obscene, defamatory, and annoying messages in a Yahoo message group about a divorced woman.
  • He also shared her phone number, which led to harassing calls from strangers.
• Legal Provisions:
  • Section 67 of IT Act, 2000 (publishing obscene material in electronic form).
• Judgment:
  • Court convicted the accused under Section 67 IT Act.
  • He was sentenced to 2 years imprisonment and fined ₹4,000.
• Importance:
  • This was the first conviction in India under the IT Act for cyber crime.
  • It set a precedent that online harassment and bullying are punishable.

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4. Kush Kalra v. Union of India (2021 – Bulli Bai Case)

• Facts:
  • A mobile app called Bulli Bai (hosted on GitHub) uploaded pictures of Muslim women without consent, “auctioning” them online as a form of harassment and humiliation.
  • A petition was filed in the Delhi High Court by advocate Kush Kalra.
• Judgment:
  • Court ordered immediate removal of the app and directed strict action against the creators.
  • Observed that such acts violated Right to Privacy (Article 21) and dignity of women.
• Importance:
  • Recognized cyber bullying and online harassment of women as a serious violation of law.
  • Strengthened the link between IT Act, IPC, and constitutional rights.

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5. Vishaka v. State of Rajasthan (1997) – not direct cyber case but relevant

• Facts:
  • Bhanwari Devi, a social worker, was gang raped in retaliation for preventing a child marriage.
  • No specific law existed for sexual harassment at workplace.
• Judgment:
  • Supreme Court laid down Vishaka Guidelines for sexual harassment.
• Relevance to Cyber Bullying:
  • Later used to extend protection against sexual harassment in digital space (emails, messages, social media).

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Exam Writing Tip

When writing about cyber bullying in IT Law, mention:

1. Origin (1990s globally, 2001 in India → Ritu Kohli case).
2. Legal Provisions (IT Act + IPC).
3. Detailed case analysis (Shreya Singhal, Ritu Kohli, Suhas Katti, Bulli Bai case).
4. Conclusion: Law must evolve with technology to protect individuals’ dignity and rights.