The Legal Dimensions of Cyber Staking in India: An Analytical Study

Abstract

A new type of crime is emerging in cyberspace, when a person repeatedly attempts to get in touch with
another, creating a sense of menace in the other person's head. People refer to this new crime as "internet
stalking." Cyberstalking is characterised as a criminal act in which stalkers utilise the internet or any
other electronic gadget to follow a target. Cyberstalking is often associated with online abuse and
harassment. It entails continuously intimidating or harassing a specific person. There are several ways
to stalk someone, including following them to their house or place of business, damaging their
belongings, leaving notes or items behind, or engaging in persistent harassment. Cyberstalkers
constantly believe they can hide and remain anonymous. Stated differently, the primary advantage of
a cyberstalker is that they may rely on the anonymity that the internet affords them, enabling them to
monitor their victim's activities without having to reveal their identity. Therefore, effective cybertools
are required to investigate cybercrimes, be ready to protect against them, and prosecute victims. The
term "cyberstalking" refers to the criminal activity of a stalker using social media and other online
networks to conduct illegal and unlawful monitoring. Stalking is defined as unwelcome and/or
persistent observation of another person by an individual or group under section 354D of the IPC. The
term "stalking" alone denotes illegitimacy, which makes it a terrible crime. As such, cyberstalking
automatically qualifies as a serious offence. The word "cyber" refers to anything having to do with
computers or computer networks, such as the internet, but the phrase "stalking" relates to the unlawful
act of watching someone. This word doesn't convey a really novel idea. Both the idea and the practise
of online interaction and communication emerged as the field of interaction and communication
advanced.

DOI: 10.5281/zenodo.10371795