Critical Analysis Of Procedural Framework In Cyber Stalking And Victim Protection
- IJLLR Journal
- 39 minutes ago
- 1 min read
Rajeev Kumar Singh, LL.M., Ph.D., Assistant Professor of Law, Amity Law School | Amity University | Uttar Pradesh | Lucknow CampusOrcid ID: https://orcid.org/0009-0000-6751-280XGoogle Scholar ID: https://scholar.google.com/citations?user=3Uu5o_kAAAAJ&hl=en Academia ID: https://amity.academia.edu/RajeevSingh
Mr. Harsh Jaiswal, LL.M. Student (Constitutional Law), Amity Law School | Amity University | Uttar Pradesh | Lucknow Campus
ABSTRACT
The paper examines cyber stalking as a patterned, technology mediated form of violence that exploits ubiquitous connectivity, datafication and platform design to sustain control, intimidation and humiliation. It situates Indian experience within global evidence that women and marginalised users face disproportionate levels of online surveillance, threats and image based abuse, which undermine autonomy, speech and participation in digital public spheres. The study maps the fragmented substantive and procedural framework across Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, Bharatiya Sakshya Adhiniyam 2023, the Information Technology Act and Rules, and the Digital Personal Data Protection Act 2023, and interrogates how these instruments actually operate in cyber stalking complaints. It interrogates complaint registration, e-FIRs, digital forensics, admissibility of electronic evidence, bail, victim protection schemes and intermediary duties, using doctrinal and comparative analysis. The paper argues that current responses remain reactive, offence centric and unevenly gender sensitive, and that procedural safeguards for accused persons coexist uneasily with weak, under-resourced victim support. It proposes a more integrated, rights based procedural architecture, drawing on international and comparative practice on technology facilitated gender based violence, that combines a clear cyber stalking offence with structured risk assessment, protection orders, time bound platform responses, robust evidence standards and accessible compensation and psycho social support mechanisms.
Keywords: Cyber stalking, procedural framework, electronic evidence, victim protection, digital rights in India.
