Cyberstalking Against Women in India: A Socio-Legal Analysis

Abstract

Online harassment of women has become a notable instance of digital gender violence in India, which should be examined in a socio-legal analysis. This paper examines the rising rate of cyberstalking considering the current statistics provided by the National Crime Records Bureau, which shows that there is an extreme increase in cybercrimes cases, which portrays the vulnerability of women in the online environment. This paper examines the conceptual rationale and emerging aspect of cyberstalking, the difference between cyberstalking and traditional stalking and the major types of cyberstalking in Indian context. It also attempts a gendered examination to learn the psychological, social, legal consequences of such crimes by focusing on the overlapping between online hustle and actual violence. The study analyzes the legal structure that is currently in place, such as stipulations of the Information Technology Act, 2000, the Indian Penal Code, and the Bharatiya Nyaya Sanhita, 2023, and specifically, Section 78 BNS. It further assesses the judiciary role in developing cyberstalking jurisprudence and discusses some of the most important problems in reporting, investigation, and prosecution. Using the integration of both the legal analysis and the socio-cultural understanding, the study reveals gaps in the enforcement systems and victim protection systems. The paper also ends by offering recommendations that can be used to empower legal responses, institutional capacity and effective redressal to prevent cyberstalking of women in India.