Cyberbullying and Online Harassment: Legal Remedies Available in India

Abstract

Cyberbullying and internet trolling have become one of the major social and legal issues in present India as it is becoming précised for individuals of all ages and classes more often than not. Digital platforms have democratized communication and fostered unprecedented connectivity, but at the same time, they now constitute never-before-seen channels for harassment, defamation, intimidation, and orchestrated abuse campaigns. This paper analyzes the plethora of legal options in India that are available to deal with cyberbullying and online harassment, covering criminal provisions under the Information Technology Act, 2000, the Indian Penal Code, 1860 and the recent Bharatiya Nyaya Sanhita, 2023. By analysing statutory remedies, judicial precedents, institutional mechanisms and regulatory frameworks in detail, the paper argues India has a relatively robust legal architecture for ameliorating digital harassment but that there is considerable implementation deficit with large institutional capacity gaps hampering practical application. Identify important gaps between legislative intent and enforcement and analyze the barriers to efficacious implementation including inadequate law enforcement training, jurisdictional challenges, platform non-cooperation, victim safety concerns and proof problems. The analysis goes on to recommend specific legislative amendments institutional capacity building, victim-sensitive procedural reforms, and platform accountability mechanisms.

Keywords: Cyberbullying, Online Harassment, Information Technology, Bharatiya Nyaya Sanhita, Legal Remedies India