Introduction

The digital revolution has transformed the way we communicate, work, and socialise. While technology has made life more convenient, it has also created new opportunities for criminals to misuse online platforms. One of the fastest-growing cyber offences in India is cyber stalking, where a person repeatedly follows, monitors, harasses, or threatens another individual through electronic communication. What often begins as unwanted messages or fake social media accounts can gradually escalate into identity theft, blackmail, privacy violations, or even physical stalking. Therefore, understanding both the legal remedies and the reporting process is essential for protecting victims and ensuring timely justice.

What is Cyber Stalking?

Cyber stalking refers to the repeated use of digital platforms such as social media, emails, messaging applications, or other online services to harass, threaten, intimidate, or monitor another person without consent. Common examples include sending repeated messages despite being blocked, creating fake profiles, impersonating someone, sharing private photographs without permission, tracking online activities, or issuing threats through electronic communication. Unlike traditional stalking, cyber stalking allows offenders to remain anonymous, making it more difficult to identify them. The psychological impact on victims can be severe, including anxiety, fear, emotional distress, and damage to personal and professional reputation.

Legal Remedies in India

India has strengthened its legal framework to deal with cyber stalking through the Bharatiya Nyaya Sanhita, 2023 (BNS), the Information Technology Act, 2000, and the Digital Personal Data Protection Act, 2023 (DPDP Act).

Section 78 of the Bharatiya Nyaya Sanhita, 2023, is primary legal provision dealing with cyber stalking which recognises stalking, including monitoring a woman's internet or electronic communication without her consent, as a criminal offence. Depending on the facts of the case, other provisions relating to criminal intimidation or harassment may also apply.

The Information Technology Act, 2000 complements the BNS by addressing offences such as identity theft, violation of privacy, hacking, and the publication or transmission of obscene material in electronic form. Although the Act does not specifically define cyber stalking, its provisions are frequently used where cyber stalking involves misuse of technology or personal information.

The Digital Personal Data Protection Act, 2023 focuses on protecting personal data. It requires organisations to process personal data responsibly and maintain reasonable security safeguards. While it does not criminalise cyber stalking, it helps reduce the misuse of personal information by ensuring better data protection and accountability.

Steps to Report Cyber Stalking

The first step: is to preserve all available evidence, including screenshots, chat records, emails, profile links, and call logs. This evidence is often crucial during investigation.

The second step: is to block the offender and report the fake or abusive account to the concerned social media platform.

The third step: is a complaint can be filed on the National Cyber Crime Reporting Portal (www.cybercrime.gov.in) by selecting the appropriate category, entering the incident details, and uploading the available evidence.

The fourth step: After submission, an acknowledgement number is generated, which should be saved for future reference.

The Another Process May Also Be Followed by Victim

Victims may also approach the nearest Cyber Crime Police Station or local police station to register an FIR. If the police refuse to register the complaint, they may approach the competent Magistrate under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in accordance with the applicable legal procedure.

Preventive Measures

While legal remedies are available, prevention remains equally important. Individuals should keep their social media accounts private, avoid sharing sensitive personal information online, enable two-factor authentication, regularly update passwords, and immediately report fake or suspicious accounts. Awareness about online safety is one of the strongest tools to prevent cyber stalking.

Conclusion

Cyber stalking is no longer a minor online inconvenience but a serious offence that threatens an individual's privacy, dignity, and security. The combined protection offered by the Bharatiya Nyaya Sanhita, 2023, the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023,and the reporting mechanisms available through the National Cyber Crime Reporting Portal provide victims with effective legal remedies. However, laws alone cannot eliminate cyber stalking. Greater public awareness, prompt reporting, responsible online behaviour, and effective enforcement are essential to create a safer digital environment. In the digital age, protecting one's online identity is not merely a matter of personal caution but a legal right that deserves effective protection.