Online harassment is a growing menace in the digital age, where the internet and social media have become essential parts of daily life. Online harassment includes a wide range of malicious activities such as cyberstalking, sending obscene messages, morphing of images, doxxing (publishing private information), online defamation, threats, trolling, impersonation, and more. If you are a victim of online harassment in India, you have legal remedies available under various laws including the Information Technology Act, 2000 and the Indian Penal Code.
This detailed guide explains all the legal actions you can take against online harassment in India, the steps to report such crimes, relevant laws, and answers to frequently asked questions.
What is Online Harassment?
Online harassment refers to any deliberate, aggressive, or threatening behavior conducted through electronic means to intimidate, threaten, or harm another person. Common types include:
- Cyberstalking
- Sending abusive or vulgar messages
- Publishing false or defamatory content
- Non-consensual sharing of private or intimate photos
- Impersonation through fake profiles
- Sexual harassment online
- Trolling or targeted bullying on social media
- Threats or extortion using digital platforms
Legal Provisions Available Against Online Harassment in India
Under the Information Technology (IT) Act, 2000:
| Section | Provision | Description |
|---|---|---|
| Sec 66A (struck down in 2015) | Sending offensive messages via communication service | Struck down by the Supreme Court in the case of Shreya Singhal v. Union of India |
| Section 66C | Identity theft | Punishment for fraudulently using someone’s identity, including photos, passwords |
| Section 66D | Cheating by personation | Using electronic means to impersonate someone and deceive others |
| Section 67 | Publishing or transmitting obscene material online | Applies to transmission of sexual content in electronic form |
| Section 67A | Publishing sexually explicit material | Relates to transmission of sexually explicit acts or content |
| Section 72 | Breach of confidentiality and privacy | Applies when a person accesses personal information and discloses it without consent |
Under the Indian Penal Code (IPC):
| Section | Provision | Description |
|---|---|---|
| Section 354D | Stalking | Includes following a woman online or monitoring her internet activity |
| Section 354A | Sexual harassment | Includes online sexual comments, demands, or remarks |
| Section 499 and 500 | Defamation | Publishing false statements to harm someone’s reputation online |
| Section 503 and 506 | Criminal intimidation | Sending threats of injury to person or reputation through online means |
| Section 509 | Word, gesture, or act intended to insult the modesty of a woman | Sending lewd messages or photos via email, chat, or social media |
What Legal Action Can Be Taken?
1. File a Complaint with the Cyber Crime Cell
Victims can approach the Cyber Crime Cell of their city with a written complaint and supporting evidence (screenshots, links, call recordings, etc.).
2. Lodge an FIR at the Police Station
Under cognizable offences like criminal intimidation, defamation, or sexual harassment, you can file an FIR at your local police station.
3. File a Complaint Online
You can also report online harassment on the National Cyber Crime Reporting Portal
Choose the appropriate category (e.g., Women/Child-related crime, Cyberstalking, etc.), register your complaint, and submit relevant proof.
4. Approach the Magistrate Court
If police do not take action, you can approach a Magistrate under Section 156(3) of the CrPC and seek directions to the police to register an FIR and initiate investigation.
5. File a Complaint with Social Media Platforms
Almost all platforms (Facebook, Instagram, Twitter, YouTube) allow you to report abuse, harassment, impersonation, and sexually inappropriate content.
How to File a Complaint at the Cyber Crime Portal (Step-by-Step)
- Visit https://cybercrime.gov.in
- Click on “Report Women/Child Related Crime” or “Report Other Cybercrime”
- Register yourself using your mobile number and OTP
- Fill in all the details such as incident type, platform, date, location, and description
- Upload evidence (screenshots, emails, links, IDs, etc.)
- Submit the complaint and note the complaint ID for tracking
Important Authorities & Helplines
- Cyber Crime Helpline: 1930 (For immediate financial frauds)
- Cyber Cell Email/Helpline: Each state has local contact points (check police websites)
- Women’s Helpline (National Commission for Women): http://ncw.nic.in/
You can also email at [email protected]
What to Include in the Complaint?
Your written complaint should include:
- Full name and contact details
- Details of the accused (if known)
- Platform used (WhatsApp, Facebook, Instagram, etc.)
- Date and time of the incident
- Full description of the harassment
- Screenshots, call recordings, URLs, emails, or any digital proof
What Punishments Can the Offender Face?
Depending on the nature of the offence:
- Cyberstalking (Sec 354D IPC): Imprisonment up to 3 years (first offence), up to 5 years (repeat offence)
- Sending obscene content (Sec 67 IT Act): Imprisonment up to 3 years and fine
- Sexual harassment (Sec 354A IPC): Imprisonment up to 3 years and fine
- Criminal intimidation (Sec 506 IPC): Imprisonment up to 2 years or more depending on severity
- Defamation (Sec 500 IPC): Imprisonment up to 2 years and/or fine
FAQs on Online Harassment
Q1. What should I do first if I’m being harassed online?
Immediately save all evidence and report the incident to the police or through the cybercrime portal.
Q2. Can I remain anonymous while reporting online harassment?
No, for official complaints and FIR registration, your identity must be disclosed. However, your privacy is protected by law during investigations.
Q3. Is it necessary to know the identity of the harasser to file a complaint?
No, it is not necessary. The cyber cell can trace IP addresses, phone numbers, and digital footprints during investigation.
Q4. Can I take legal action against someone creating a fake profile using my name or photos?
Yes. That amounts to identity theft and impersonation, punishable under Section 66C and 66D of the IT Act.
Q5. What if police refuse to register my complaint?
You can approach the Magistrate under Section 156(3) CrPC, or report to higher police authorities or State Women’s Commission.
Q6. Can I get compensation for online harassment?
Yes, you may file a civil suit for damages or approach the court for compensation under violation of privacy or mental harassment.
Conclusion
Online harassment is a serious offence in India, and the law provides strong legal remedies to protect victims and punish the offenders. If you are being harassed online, act promptly by collecting evidence, reporting the matter to cybercrime authorities, and taking legal steps through appropriate sections of law. The Indian legal system has evolved to handle digital crimes, and timely action ensures both your protection and justice.
For complex cases, especially involving cross-border elements, blackmail, or sexual harassment, consulting a lawyer specializing in cyber law is strongly recommended.
Important: Kindly Refer New Corresponding Sections of Bharatiya Nyaya Sanhita 2023, (BNS); Bharatiya Nagarik Suraksha Sanhita 2023, (BNSS); & Bharatiya Sakshya Adhiniyam 2023, (BSA) for IPC; CrPC & IEA used in the article.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304