Satyam Sharma, Author
Satyam Sharma is a second (2nd) Year BALLB (Hons) student at IILM University, Greater Noida, Read More.
Abstract
With the advent of incessant growth in the cyber space, it has taken a twofold; fairy and devil. These platforms have become the source of gaining profits through these erroneous activities. These cyber-miscreants are have posed serious peril to the society as even from our mobile phones to our IOT (internet of things) devices. One of their deplorable criminal acts is “Cyber-Stalking”, in which these offenders, vehemently or without the willful consent monitors a woman through various electronic means. Due to this every government around the globe have pulled up their socks to curb this menace either by enactment of new laws or amending the current provisions with a modern technological touch. The victims are subjected to losses in various streams, from psychological, social, reputational and even infringement of their private life. There are numerous incidents pertaining to this crime which had made the populace pedantic about the new statute being enforced and its application in protection of women who fall in this prey. In India, we have Bhartiya Nyay Sanhita, 2023 and Information Technology Act, 2005 which covers the ambit of this malfeasance. These delinquent (mostly youngsters) are tech-savvy which makes the law enforcement authorities work hard make them face the law in the court. This paper will delve into the comparative analysis of provisions of different countries and how this problem can be controlled by the watchdogs of the law. This paper will also delve into common mistakes and some precaution to be taken care to protect from being “Digitally Stalked”.
Keywords: Cyber Stalking, informational technology.
“Humanity is acquiring all the right technology for all the wrong reasons.”[1]
Introduction
Cyber-stalking as the name signifies it is the use of technology or any digital media used with a malicious intent, used by individual or group of people to engage in a behaviour which amounts or related to stalking, in order inflict a sense of fear in the mind of victim[2]. This crime stress upon the use of information and communications technology, particularly social media platforms, in order to intimidate or harass or exploit the victim, and it may be committed by an individual or organizations[3]. The intent of the perpetrator might be to kill, injure, harass, intimidate or do surveillance to another person, with result of that such engagement makes the victim be in reasonable fear of death[4].
The normal behaviour of cyber-stalkers includes:
- sending spam mails or threating mails to victim;
- posting personal information of the victim;
- hacking for posting some offensive content;
- using various illegal methods to create sexually explicit images;
- phishing or hacking into to the victims social media accounts to retrieve information;
- advertising obscene content without victims will;
- setting up various websites to threaten to harass or haram the victim;
- asking for any favours and other activities or actions which instil fear to the victim.
The offence of cyber stalking does not involve an element of sexual obsession but it is a type of criminal activity which is being “motivated by interpersonal hostility and aggressive behaviours stemming from power and control issues rather than material gain”[5]. It is any course of conduct which causes alarm or distress, which the person engaging amounts to harassment of another[6]. This offence also covers the ambit of placing any electronic tracking device without the consent of the owner on the property of another person[7] to track or take a follow up of all the activities in a day. There were various reports on use of dating apps to pinpoint the victim’s location[8] in a highly proximate range of the users. The data which is stored or uploaded by the user or being created or originated by the way of digital foot print is easily accessible once these stalkers get into the victim’s system[9].
So, if we maintain the minimum security and take due-diligence of actions to be hyper active on the internet will decrease the chances of cyber stalking[10].
Traditional Stalking and Cyber Stalking
Traditional stalking before inculcating technology meant to “repeatedly maintain a visual or physical proximity to a person either directly or indirectly or through third parties….it can be any action, method, device or means, following, monitoring, observing, threating, communicating to do or about a person or interfering with victims’ property”[11]. On the contrary cyber stalking stands to be “Cyberstalking is generally used to refer to the use of the Internet, e-mail, or other telecommunication technologies to harass or stalk another person. This could include the intentional behaviour to intimidate victims or make their lives unbearable”[12]. The offence of Stalking usually happens when the perpetrator with intention of malice repeatedly keeps an eye or follows that person to such an extent it makes the victim feel threatened[13] or annoyed and is not able to peaceful do daily chores.
In the modern times now only the mode of stalking is changed, earlier it was use to be by physical means, but in present it is done through various electronic mediums. Stalking is primarily done with the intention of ungratified advantage, anger, lust, revenge and sometimes persistent behaviours of following various individuals[14]. To some extent, cyber stalking is extension of traditional stalking in which the offenders utilize a high-tech modus operandi to commit these crimes[15]. The modernization has originated various forms of cyber stalking:
- Through Email– it involves sending of spontaneous email in the form of nuisance, including hatred, obscene words or threating repeatedly or sending emails to the victim[16].
- GPS Stalking– it involves tracking your location to learn where you have been and misuse that information against you (electronic surveillance)[17].
- Through social media– it is a persistent and unprovoked behaviour involving multiple threats and messages despite suffering cessation resulting in threating security and safety of victim[18].
- Dating Apps– it involves behaviours such as excessive communication, tracking online activities, visiting profile repeatedly, tracking online activities with an attempt to gain personal information which makes the victim feel uncomfortable and reluctant to continue on these sites[19]
According to the latest published data of National Crime Records Bureau (NCRB), there were 8512 in 2020 and 10116 in 2022 cases registered for cyber stalking with a steady increase of 1.5 percent (approx.) every year[20]. The majority contributing state is Maharashtra, the financial capital of India, with reported crimes around 2557 in 2022[21]. It showcases how the crime is increasing day by day and most of the woman have been stalked many a times in their life time. The numbers above stated are only for the cases which are registered, what about those victims who in fear of loss of reputation does not come to police station? Irony is that even policemen are not left untouched, in 2023 a cop was arrested for stalking and sexually abusing a 10-year-old child[22]. This just one case, as with our over-dependence on the internet have various novel ways to commit an offence like stalking. It germane to note that the above stated reports do not bestow offence of cyber stalking but accumulation of both the forms of stalking[23].
Role of Social media and Dating apps
The similarity which is being withdrawn from all the dating apps[24] which are in use is “active proximity-based location system”[25], it continuously sends and keep the track id user or consumer to help people finding someone nearby or in their locality[26]. The issue of concern is about the privacy and safety[27] of the users sharing and storing of the private and personal information on the app whether it is social media or dating apps[28], which might upload purposely given by the user. Issue primary touching the ambit of dating app is that predators are lurking in the dark shadows of web in these apps to ascertain and extract as much as information which includes user’s address, viewing their movements and daily chores in a day. The condition is pretty similar in the context of social media apps wherein, monitoring and keeping track of the targeted user is done, and gathering of location, where the user goes or tracks whole day what user was doing[29]. These type of constant and incessant tracking coupled with lack of necessary restrictions on user’s ability or control over access of personal information makes it a free flow[30], which makes dating apps being far more vulnerable than social media apps.
For instance Tinder provides a feature to interlink their Instagram accounts and providing access to each and every information whether it is latest photos or videos to very crucial private information[31]. This is like leaving the gates open of your house and waiting for someone to thief. While we are using, we have also switched on our location which is easily accessible and gives and record of user’s location[32]. There are various tales pertaining to threats and tragedy due to sharing of location on dating apps[33]. The victims have sensed after these incidents that they were disclosing too much of their personal information on all the social media apps. When confronted by these victims, users have blocked these threatening preparators but on the contrary these takes alternative methods to commit their crime. For instance, once the victim blocks or reports the account of the offender, stalkers find alternative method to approach the victim[34] and this becomes a never-ending chain. Even if users ignore or abstain to respond to the messages, the intent of offender is completed, as he/she got access to the information being uploaded like post or story being uploaded have a Geotag[35] at the backend which is further used to gain all the particulars of victim visiting frequently[36].
When we click on the permission to have access of our location, these apps 24×7 monitors our location and even have track record our past visiting places in digital data[37]. Based on these information, the stalkers predict the behaviour of the victim and follows them everywhere they go, whether it’s night club or social meeting places[38]. These crimes are also denoted as “Technology-Facilitated Violence Against Violence (TFVAW)”[39], which includes image-based abuse (IBA), cyber-stalking, e-bile, doxing and gender trolling[40]. Due to changing scenario of the society, there is increasing popularity of dating apps in India has been accompanied with numerous reports of abuse and harassment of women[41], which includes receiving explicit images, blackmailing, online stalking, sexual coloured remarks, and various abusive approaches[42]. Cyber stalking often involves closet connection with victim, being a former friends on social media, former a relations and after this victim had distanced themselves[43]. There are various cases in which the victims are repeatedly called for primarily to satisfy sexual demands and other activities related to it[44]. So, these malicious intention have adverse impact on both whether physical, emotional, mental and psychological impacts on the victims which hampers there living. The victims must oversee how much data should be disclosed on these sites and apps to ensure minimal chances of these offence being committed.
The Comparative Analysis of Cyber-stalking laws in the world
If we give a closer look at the approaches of various jurisdiction in order to combat cyberstalking within their legal framework. Some countries have enacted an exhaustive and specific provision under cyber crimes or some have extended the ambit of their existing laws. For instances if we see US laws, Section 2261A of title18 of US code[45], has a specific provision relating to cyber stalking (which includes every electronic devices). The United States Court of Appeals For the First Circuit in the case of United States of America v. Shawn Sayer[46], in the present case, Sayer’s persistent harassment and prolonged cyberstalking through various online platforms after a breakup in 2006. The court held that there was permanent physical, emotional and mental distress and damage to victim and was punished with the imprisonment as the defendant engaged in various or numerous acts which amount to stalking[47].
In the UK the offence of stalking is covered under the section 2A and 4A which is covered in the Protection from Harassment Act 1997[48], it provides various acts associated with it[49]. One of the most celebrated case is when a offender evaded for about a decade and exploited or harassed or stalked more than dozen of women’s, he got caught in 2022 and was sentenced to nine years of imprisonment[50].
Likewise, if we see in the territories of Australia, it has also enacted a provision as a subcategory of general offence of stalking. Under section 19AA of South Australian Criminal Law Consolidation Act 1935[51], provides an exhaustive and detailed definition of stalking. A case of crisis was also faced by a women for a long 18-months intense time occurred between April 2019 to June 2020[52].
Similarly, Singapore government has enacted the provision to curb this offence, enacted Section 7 of Singapore’s Protection from Harassment Act of 2014 also criminalizes cyberstalking, it includes individual or entity unlawful stalks a person. A case from Singapore came when a person stalked ex-employee for years, the court convicted the offender and was jailed[53].
Indian Laws
Now, drawing our attention to the Indian Sub-continent, the offence of cyberstalking is impliedly mentioned subcategory of Section 78 (1) (ii) of Bhartiya Nyay Sanhita, 2023 [herein denoted as ‘BNS’][54], which denotes that, especially a man can only commit the offence of stalking which is especially against the woman by means of email, internet or any other form of electronic communication which comes under this definition is stalking.
The Indian Masala of defining stalking as compared to the comparative criminal jurisprudence and statute has a lot of difference, for instance, the BNS declares only man as an offender but we compare from USA, UK, Australia and Singapore starts with ‘whoever’ or ‘a person’[55] which shows it as a gender-neutral provision. Even though the rate of stalking faced by women’s is far more than men[56] but there should be a gender neutrality in newly enacted criminal law. The aforesaid section of BNS does explicitly mentions about “other form of electronic communications”, it must not be exhaustive definition but a slightest of reference shall have been given to denote or illustrate it to what extend electronic communications covers under it. There are numerous cases of stalking in India, for instance a Karnataka Man attempts to Suicide over LOC in cyber stalking[57], cop being arrested[58], Rajkot men held cyber stalking[59] and many other which might not be registered or reported to the police or law enforcement authorities. There is sudden rise in the cases for cyber stalking due to increased exposure with internet and social media[60], which should be over the watchful sight of the government to tackle it as soon as possible with stricter measures to be taken against the offender.
Conclusion & Suggestion
By analysing all the cases and legislations or statutes it is crystal clear that the there is still some grey area left which is providing support to these offenders to commit this offence. The percentage of people having access to internet has also increased drastically[61], which also shows tremendous data is being uploaded and digital foot prints being created, once submitted is never erased. This is not a mere encrypted or codified data in electronic form but is gold mine for offenders to retrieve as much as information to harass the victim. The populace must be provided with pre-requisite precaution which are to be abided while or before surfing over internet rather being ignorant with their privacy, to which they pay a hefty price. There is still an untouched part of cross-border cyber stalking, a bot committing stalking who will be liable and many other questions which shall be answered as soon as possible to ensure our long-standing fight with cyber stalking should be won by us. The present day users of the internet being somewhat literate but never taught about basics information technology which make them vulnerable to be prey of cyber criminals. It is not only government duty but also ours to ensure to make internet a safer place to enjoy the blissfulness of it in various stems being innovated over the decades.
[1] – R. Buckminster Fuller (American architect)
[2] Bradford W Reyns, Billy Henson and Bonnie S Fisher, ‘Being Pursued Online: Applying Cyberlifestyle-Routine Activities Theory to Cyberstalking Victimization’ 2011, 38 (11) Criminal Justice and Behaviour 1149
[3] Pavica Sheldon, Philipp A. Rauschnabel, James M. Honeycutt, Chapter 3 – Cyberstalking and Bullying,
Editor(s): Pavica Sheldon, Philipp A. Rauschnabel, James M. Honeycutt, The Dark Side of Social Media,
Academic Press, 2019, Pages 43-58, ISBN 9780128159170, https://doi.org/10.1016/B978-0-12-815917-0.00003-4, (https://www.sciencedirect.com/science/article/pii/B9780128159170000034).
[4] Section 2261A of title 18, United States Code; Alaska Statutes Title 11. Criminal Law § 11.41.270.
[5] Michael L. Pittaro, Cyber stalking: An Analysis of Online Harassment and Intimidation, International Journal of Cyber Criminology (IJCC) ISSN:0974 – 2891 Vol 1 (2): 180–197.
[6] Protection from Harassment Act 1997- UK,
[7] Ala. Code § 13A-6-96
[8] Lorenzo Franceschi-Bicchierai, Bumble and Hinge allowed stalkers to pinpoint users’ locations down to 2 meters, researchers say, techcrunch.com, https://techcrunch.com/2024/07/31/bumble-and-hinge-allowed-stalkers-to-pinpoint-users-locations-down-to-2-meters-researchers-say/?guccounter=1&guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&guce_referrer_sig=AQAAADfayKAdrVZdifElYEroGAOt6kmNowbMmEYTgi-3OEAlmKVpVejurKKmELpxt4Vy8ze3kB-tOmhP_M1wRVf3yQ6S9T0-mcUJE2nTctG-98D7pTKWUCvytQeCkT7lcpAgfdvZc-wJDkSDZ-mUx_64_vkTRjmRhqbvEx-e9Tvl8uL3 (24th March, 2025, 6:30 pm).
[9] Metaflake, Test Report: How Dangerous is Tinder Stalking? How to set your dating app risk to zero, www.prnewswire.com, https://www.prnewswire.com/news-releases/test-report-how-dangerous-is-tinder-stalking-500800901.html (24th March, 2025, 6:40 pm).
[10] Cyber Stalking, www.esafety.gov.au , https://www.esafety.gov.au/key-topics/staying-safe/cyberstalking#how-to-reduce-the-risk-of-cyberstalking (24th March, 2025, 7:10 pm).
[11]Keith Oliver Criminal Law, www.njcriminaldefensefirm.com ,https://www.njcriminaldefensefirm.com/blog/cyberstalking-vs-traditional-stalking/ (20th March, 2025, 5:30 am)
[12]Canadian Resource Centre for Victims of Crime , https://crcvc.ca/wp-content/uploads/2021/09/Cyberstalking-_DISCLAIMER_Revised-Aug-2022_FINAL.pdf
[13] Stevens F, Nurse JRC, Arief B. Cyber Stalking, Cyber Harassment, and Adult Mental Health: A Systematic Review. Cyberpsychol Behav Soc Netw. 2021 Jun;24(6):367-376. doi: 10.1089/cyber.2020.0253. Epub 2020 Nov 12. PMID: 33181026.
[14] Cyberstalking, www.esafety.gov.au, https://www.esafety.gov.au/key-topics/staying-safe/cyberstalking#:~:text=Sometimes%20cyberstalking%20starts%20as%20over,harm%20their%20credibility%20or%20reputation (20th March 2025, 9:30 am)
[15] Robalo TLAS, Abdul Rahim RBB. Cyber Victimisation, Restorative Justice and Victim-Offender Panels. Asian J Criminol. 2023;18(1):61-74. doi: 10.1007/s11417-023-09396-9. Epub 2023 Feb 17. PMID: 36811123; PMCID: PMC9936482.
[16] JANAMAITHRI- A JOURNAL OF DEMOCRATIC POLICING (Volume 10), https://fire.kerala.gov.in/wp-content/uploads/2022/08/journal-vol10.pdf
[17] Wadley, E. (2024). All Stalk and No Action: A Proposal for Arkansas GPS Stalking Legislation. Arkansas Law Notes. Retrieved from https://scholarworks.uark.edu/arlnlaw/19
[18] Michał Pietkiewicz & Malwina Treder, Cyberstalking in social media – Polish view, Journal of Modern Science tom 3/38/2018, (20th March, 2025, 6:30 am) s. 29–40.
[19] Ashley K. Fansher, Ph.D. Kayla McCarns, Risky Online Dating Behaviors and Their Potential for Victimization, Crime Victims’ Institute (College of Criminal Justice Sam Houston State University, Published on June 2019) https://www.researchgate.net/profile/Ashley-Fansher-2/publication/334375787_Risky_Online_Dating_Behaviors_and_their_Potential_for_Victimization/links/5d261c98299bf1547caaab36/Risky-Online-Dating-Behaviors-and-their-Potential-for-Victimization.pdf
[20] Crime in India 2020, STATISTICS VOLUME-I, National Crime Records Bureau Ministry of Home Affairs, https://www.ncrb.gov.in/crime-in-india-year-wise.html?year=2020&keyword=, Pg. 35; Also refer to the reports of past years to understand the culture of stalking in Indian Sub-continent.
[21] Id. Pg. 59, it is state wise crime wise list, least being Nagaland as no case is registered under section 354D of Indian Penal Code (Now Section 78 of BNS).
[22] https://indianexpress.com/article/cities/pune/cop-arrested-for-stalking-sexually-abusing-10-yr-old-8968881/
[23] Id. 20.
[24] Tabitha Britt, Stacia Datskovska, 10 Free Dating Apps Worth Trying In 2025, in.mashable.com, https://in.mashable.com/dating-relationships/89408/10-free-dating-apps-worth-trying-in-2025 (23rd March, 2025, 4:30 am)
[25] Centelles, V., Powers, R. A., & Moule, R. K. (2021). An Examination of Location-Based Real-Time Dating Application Infrastructure, Profile Features, and Cybervictimization. Social Media + Society, 7(3). https://doi.org/10.1177/20563051211043218 (Original work published 2021)
[26] Jody Farnden, Ben Martini & Kim-Kwang Raymond Choo, Privacy Risks in Mobile
[27] Doug Gross, How Your Movements Create a GPS Fingerprint, CNN (Mar. 24, 2025, 2:34PM), http://www.cnn.com/2013/03/26/tech/mobile/mobile-gps-pri vacy-study/index.html (showing how location data can be used to predict the behaviors of an individual).
[28] Anthony Wing Kosner, Tinder Dating App Users Are Playing with Privacy Fire, FORBES (Mar. 23, 2025, 11:20 am), https://www.forbes.com/sites/anthonykos ner/2014/02/18/tinder-dating-app-users-are-playing-with-privacy-fire/#41a2ab8d3dbd
[29] Always Be Oriented with the Integration of Geolocation into Your App, CLEVEROAD (Mar 24, 2025), https://www.cleveroad.com/blog/always-be-orientated-with-the-integration of-geolocation-into-your-app.
[30]Christen Costa, How Does Tinder Work? What Is Tinder?, GADGET REV. (Mar, 24 , 2025), http://www.gadgetreview.com/how-does-tinder-work-what-is-tinder.
[31] Paresh Dave, Tinder adds ability to show off Instagram photos to potential matches, www.latimes.com, https://www.latimes.com/business/technology/la-fi-tn-tinder-instagram-20150414-story.html (Mar 23rd, 2025)
[32] Always Be Oriented with the Integration of Geolocation into Your App, CLEVEROAD (Mar. 23, 2025), https://www.cleveroad.com/blog/always-be-orientated-with-the-integration of-geolocation-into-your-app
[33] Lydia Brown, I Was Stalked by Someone I Met on Tinder, TAB, http://thetab.com/uk/york/2016/05/12/i-stalked-someone-i-met-tinder-10249 (last visited 23rd March, 2025, 11:20 am); Nearly a quarter of online daters experience digital stalking, www.kaspersky.com, https://www.kaspersky.com/about/press-releases/nearly-a-quarter-of-online-daters-experience-digital-stalking (23rd March, 2025, 11:30 am); Linda Adey, Dating’s Dangerous Secrets, www.bbc.com, https://www.bbc.com/mediacentre/proginfo/2022/08/datings-dangerous-secrets (23rd March, 2025, 11:40 am).
[34] Amrita Prasad, In the age of rising cyberstalking, dating apps fight digital abuse, timesofindia.indiatimes.com, https://timesofindia.indiatimes.com/life-style/relationships/love-sex/in-the-age-of-rising-cyberstalking-dating-apps-fight-digital-abuse/articleshow/81925529.cms (23rd March, 2025, 12:10 pm).
[35]Rebecca Sheehan, Geo-stalking and how to protect yourself, www.ksdk.com, https://www.ksdk.com/article/news/local/5-on-your-side/geo-stalking-and-how-to-protect-yourself/63-346421913 (23rd March, 2025, 12:30 pm).
[36] Lisa Riordan Seville, Foursquare and Stalking: Is Geotagging Dangerous?, www.thedailybeast.com, https://www.thedailybeast.com/foursquare-and-stalking-is-geotagging-dangerous/ (23rd March, 2025, 12:50 pm).
[37]Meredith Land, How Digital Photos Are Helping Stalkers, www.nbcdfw.com, https://www.nbcdfw.com/news/local/how-digital-photos-can-help-stalkers/1895757/ (23rd March, 2025, 1:30 pm).
[38] Rajan, B. Harassment and abuse of Indian women on dating apps: a narrative review of literature on technology-facilitated violence against women and dating app use. Humanit Soc Sci Commun 12, 55 (2025). https://doi.org/10.1057/s41599-024-04286-6; Dani Ran, I Matched With the Perfect Date on Tinder – Then He Started Stalking Me, www.vice.com, https://www.vice.com/en/article/i-was-stalked-by-tinder-date/ (23rd March, 2025, 1:30 pm)- this is a great example how tinder had played a role in stalking the victim.
[39]Kristine Baekgaard, Technology-Facilitated Gender-Based Violence An Emerging Issue in Women, Peace and Security, Georgetown Institute for Women, Peace and Security & Embassy of Denmark (Washington D.C.), prevention-collaborative.org, https://prevention-collaborative.org/wp-content/uploads/2024/12/Technology-Facilitated-Gender-Based-Violence.pdf (23rd March, 2025, 2:40 pm).
[40] Sood, A. (2024). Technology-Facilitated Gender-Based Violence in India. In: Sinha, R., Basu, P. (eds) Family and Gendered Violence and Conflict. Social Work. Springer, Cham. https://doi.org/10.1007/978-3-031-60383-9_25.
[41] Chahal R, Kumar L, Jindal S, Rawat P (2019) Cyber Stalking: Technological Form of Sexual Harassment. https://doi.org/10.13140/RG.2.2.27772.90246.
[42] Eric Filice, Kavishka D. Abeywickrama, Diana C. Parry, Corey W. Johnson, Sexual violence and abuse in online dating: A scoping review, Aggression and Violent Behavior, Volume 67, 2022, 101781, ISSN 1359-1789, https://doi.org/10.1016/j.avb.2022.101781, (https://www.sciencedirect.com/science/article/pii/S1359178922000623).
[43] Benson Rajan, Harassment and abuse of Indian women on dating apps: a narrative review of literature on technology facilitated violence against women and dating app use, HUMANITIES AND SOCIAL SCIENCES COMMUNICATIONS, https://doi.org/10.1057/s41599-024-04286.
[44] Das V (2021a) Dating Applications, Intimacy, and Cosmopolitan Desire in India. In: Mohan S, Punathambekar A (eds), Global Digital Cultures. Uni versity of Michigan Press
[45] 18 U.S.C., United States Code, 2010 Edition, Title 18 – CRIMES AND CRIMINAL PROCEDURE, PART I – CRIMES CHAPTER 110A – DOMESTIC VIOLENCE AND STALKING, Sec. 2261A – Stalking, From the U.S. Government Publishing Office, www.gpo.gov. There are also specific provisions on all the states of the USA or rather they have amended existing provision.
[46] No. 12-2489
[47] L.A. Police Dep’t v. United Reporting Publ’g Corp. , 528 U.S. 32, 39 (1999)
[48] 1997 CHAPTER 40.
[49] “…….(3)The following are examples of acts or omissions which, in particular circumstances, are ones associated with stalking— (a)following a person;(b)contacting, or attempting to contact, a person by any means; (c)publishing any statement or other material—(i)relating or purporting to relate to a person, or ;(ii)purporting to originate from a person; (d)monitoring the use by a person of the internet, email or any other form of electronic communication; (e)loitering in any place (whether public or private); (f)interfering with any property in the possession of a person; (g)watching or spying on a person……….”
[50]Matthew Hardy: Stalker jailed for harassing women on Instagram, bbc.com, https://www.bbc.com/news/uk-england-merseyside-60139693 (24th March, 2025, 5:40 am).
[51] Criminal Law Consolidation Act 1935 (SA) No. 2252
[52] Matilda Marozzi and Kristian Silva, Cyber stalking victim says phones, computers have been hacked for months, www.abc.net.au/news, https://www.abc.net.au/news/2020-11-18/cyber-stalking-victim-says-phones-computers-hacked-by-ex-partner/12894584 (24th March, 2025, 5:50 am).
[53] Nadine Chua, Married man jailed for stalking ex-employee for almost 2 years like a ‘surveillance camera’, www.straitstimes.com, https://www.straitstimes.com/singapore/courts-crime/married-man-jailed-for-stalking-ex-employee-for-almost-2-years-like-a-surveillance-camera (24th March, 2025, 6:50 am); Also read Lydia Lam, ‘I thought she liked me too’: Man jailed for stalking woman, following her home from work repeatedly, www.channelnewsasia.com, https://www.channelnewsasia.com/singapore/unreciprocated-love-man-stalked-woman-waitress-follow-home-work-4064811 (24th March, 2025, 6:52 am).
[54] THE BHARATIYA NYAYA SANHITA, 2023 NO. 45 OF 2023. This provision also attracts various other sections of Information Technology Act, 2000 Section 67 Punishment for publishing or transmitting obscene material in electronic form; Section 67A. Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form; Section 67B. Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form.W
[55] CRIMINAL LAW CONSOLIDATION ACT 1935 – SECTION 19AA—Unlawful stalking-
“(1) A person stalks another if—……………..”
[56] Isabel Santagostino Recavarren & Marina Elefante, Protecting women and girls from cyber harassment: a global assessment, blogs.worldbank.org, https://blogs.worldbank.org/en/developmenttalk/protecting-women-and-girls-cyber-harassment-global-assessment (25th March, 2025, 5:42 pm).
[57]Vijay Kumar Yadav, Karnataka man attempts suicide at Mumbai airport over LOC in cyber stalking case, indianexpress.com, https://indianexpress.com/article/cities/mumbai/karnataka-man-attempts-suicide-at-mumbai-airport-over-loc-in-cyber-stalking-case-9374738/ (25th March, 2025, 5:55 pm).
[58] Cop arrested for stalking, sexually abusing 10-yr-old, indianexpress.com, https://indianexpress.com/article/cities/pune/cop-arrested-for-stalking-sexually-abusing-10-yr-old-8968881/ (25th March, 2025, 6:05 pm).
[59] Two men held for cyber stalking teenage girls in Rajkot, timesofindia.indiatimes.com, https://timesofindia.indiatimes.com/city/rajkot/two-men-held-for-cyber-stalking-teenage-girls/articleshow/89309630.cms (25th March, 2025, 7:05 pm).
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[61] https://www.statista.com/statistics/792074/india-internet-penetration-rate/
