From Physical To Digital Violence: Reassessing Criminal Law Protection For Women In India
Madhushree BK, University Law College and Department of Studies in Law, Bengaluru University, Bengaluru, Karnataka
ABSTRACT
The growth of digital technology has changed the way violence against women can happen. In the past, violence was mainly associated with places such as homes, workplaces, or public areas. Today, women may also experience abuse and harassment through social media, mobile phones, websites, and other online platforms. Traditional forms of violence, including physical violence, sexual offences, and domestic violence, are still serious concerns. However, technology has also created new forms of abuse, such as cyberstalking, online harassment, sharing private photos or videos without consent, creating fake social media accounts, and other forms of online abuse.
This paper examines whether the existing criminal laws in India are strong enough to protect women from these emerging forms of digital violence. It focuses on important legal provisions under the Bharatiya Nyaya Sanhita, 2023, the Information Technology Act, 2000, and other relevant laws that offer protection to women. The study also considers the difficulties faced by the police and other authorities when dealing with online violence. These difficulties include identifying offenders, collecting and preserving digital evidence, determining which court has jurisdiction, and carrying out effective investigations.
The research uses a doctrinal legal research method. It studies existing laws, court decisions, and other legal materials to understand how Indian law deals with violence against women in both physical and digital spaces. The study identifies the gaps and practical difficulties in applying existing criminal laws to new forms of technology-based violence. Finally, it suggests ways to improve India’s legal and investigative system so that women can receive stronger protection from both traditional and digital forms of violence.
Keywords: Digital Violence, Violence Against Women, Cybercrime, Online Harassment, Cyberstalking, Bhartiya Nyaya Sanhita 2023, Information Technology Act 2000, Digital Evidence, Cyber Abuse, Legal Protection, Criminal Law, Women’s Safety, Online Privacy, Cyber Law.
