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Cyber Violence Against Women In India: Emerging Challenges Under The Bharatiya Nyaya Sanhita 2023




Dr. Shailendra Singh Yadav, Assistant Professor, Faculty of Law, Major S.D. Singh University, Bhojpur, Farrukhabad [U.P.]. ORCID ID: 0009-0003-1259-0415


ABSTRACT


The rapid expansion of digital technologies and internet connectivity has transformed social interaction, communication, education, commerce and governance in India. While technological advancement has created numerous opportunities for social and economic development, it has also facilitated new forms of violence and abuse against women in cyberspace. Cyber violence against women includes online harassment, cyber stalking, identity theft, image-based sexual abuse, revenge pornography, cyber bullying, deep fake content, online defamation and other forms of technology-enabled gender-based violence. Such acts not only violate the privacy and dignity of women but also affect their mental health, personal security, freedom of expression and participation in digital spaces. The enactment of the Bharatiya Nyaya Sanhita 2023 marks a significant reform in India's criminal justice framework by replacing several provisions of the Indian Penal Code, 1860. However, the increasing sophistication of cybercrimes presents new legal and enforcement challenges. Although various provisions of the Bharatiya Nyaya Sanhita 2023, the Information Technology Act 2000 and related laws provide legal remedies against cyber offences, concerns remain regarding the adequacy of these provisions in addressing emerging forms of digital abuse directed against women.


This paper adopts a socio-legal approach to examine the nature, causes and consequences of cyber violence against women in India in the context of the Bharatiya Nyaya Sanhita 2023. The study analyses existing legal provisions, judicial developments, enforcement challenges and emerging technological threats such as artificial intelligence-generated deep fakes and online sexual exploitation. The paper argues that legal reforms alone cannot effectively combat cyber violence unless supported by stronger institutional mechanisms, technological safeguards, digital literacy, victim support systems and gender-sensitive law enforcement practices. The study concludes that a comprehensive and rights-based approach is necessary to ensure women's safety, dignity and equal participation in the digital environment.


Keywords: Cyber Violence, Women’s Rights, Bharatiya Nyaya Sanhita 2023, Cybercrime, Digital Safety.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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