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Cyberbullying In India: Need For A Comprehensive Legal Framework




Ragini Yadav, Amity University

Dr. Shaiwalini Singh, Assistant Professor, Amity University


1. ABSTRACT


As the world becomes increasingly inseparable from the digital screen, a dark shadow has emerged in the form of cyberbullying. What was once dismissed as minor online friction has now evolved into a global crisis, affecting millions of people, particularly children and young adults whose lives are deeply rooted in social media. Unlike traditional bullying, which usually ends when a person leaves school or the workplace, cyberbullying is a 24/7 phenomenon. It is relentless, invasive, and amplified by the viral nature of the internet, often leading to deep-seated psychological trauma, social isolation, and in the most heartbreaking cases, a loss of life.


In India, the legal response to this modern threat is complicated. Despite having one of the largest populations of internet users globally, India does not have a single, dedicated law that specifically defines or targets "cyberbullying." Instead, the legal system relies on a fragmented collection of provisions found within the Information Technology Act, 2000 and the Indian Penal Code (IPC). While these laws cover related offenses like defamation, stalking, and identity theft, they often struggle to keep pace with the evolving tactics of digital abusers. Furthermore, the Indian judiciary has had to walk a very thin line between protecting citizens from online harassment and upholding the constitutional right to free speech—a tension most clearly seen in the landmark Shreya Singhal v. Union of India decision.


This paper provides a comprehensive look at the nature of cyberbullying in the Indian context. It examines how the lack of a specific legal definition creates "loopholes" that allow many abusers to go unpunished. Through an analysis of current statutes and judicial precedents, the study identifies the systemic barriers that prevent victims from seeking justice, including the anonymity of the web and the social stigma attached to reporting. Finally, this paper concludes by advocating for a more specialized legal framework and a stronger institutional response, emphasizing that technology-driven problems require human-centered empathetic solutions.


Keywords: Cyberbullying, Information Technology Act 2000, Indian Penal Code (IPC), Shreya Singhal v. Union of India, Digital Harassment, Online Victimization, Freedom of Speech, Cyber Law India, Social Media Abuse, Internet Jurisprudence.



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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