UNIVERSITY OF PETROLEUM & ENERGY STUDIES

SCHOOL OF LAW

B.A.LL.B (HONS.) WITH SPECIALIZATION IN CRIMINAL/ LABOR LAWS

SEMESTER IV

ACADEMIC YEAR: 2018-19 SESSION: AUGUST-DECEMBER

PROJECT
FOR
CRIMINAL PROCEDURE CODE 1973

UNDER THE SUPERVISION OF: DR.MAMTA RANA

NAME: DEVESH MAHAJAN(39)
DIGVIJAY SINGH(40)
DIVYA SINGH(41)
DIVYANSHU SHUKLA (42)

TOPIC: CYBER BULLYING

1
 ABSTRACT

Cyber bullying is bullying that takes place over digital devices like cell phones, computers,
and tablets. Cyber bullying can occur through SMS, Text, and apps, or online in social media,
forums, or gaming where people can view, participate in, or share content. Cyber bullying
includes sending, posting, or sharing negative, harmful, false, or mean content about someone
else. It can include sharing personal or private information about someone else causing
embarrassment or humiliation. Some cyber bullying crosses the line into unlawful or criminal
behavior. Cyber bullying is the use of technology to harass, threaten, embarrass, or target
another person. By definition, it occurs among young people. When an adult is involved, it
may meet the definition of cyber-harassment or cyber stalking, a crime that can have legal
consequences and involve jail time. Cyber bullying also can happen accidentally. The
impersonal nature of text messages, IMs, and emails make it very hard to detect the sender's
tone — one person's joke could be another's hurtful insult. Nevertheless, a repeated pattern of
emails, texts, and online posts is rarely accidental. Cyber-bullying has more than one
definition, cyber-bullying can be defined as "when the Internet, cell phones or other devices
are used to send or post text or images intended to hurt or embarrass another person" or as "a
situation when a child or teen is repeatedly 'tormented, threatened, harassed, humiliated,
embarrassed or otherwise targeted' by another child or teenager using text messaging, e-mail,
instant messaging or any other type of digital technology."

This research paper basically focuses on the essential functions of the election commission of
India. It also includes its importance for the country as this body is very essential for
conducting free and fair elections throughout the territory of India. It also includes the
loopholes regarding the election commission of India.

2
 SYNOPSIS

Introduction

Cyber bullying is bullying that takes place over digital devices like cell phones, computers,
and tablets. Cyber bullying can occur through SMS, Text, and apps, or online in social media,
forums, or gaming where people can view, participate in, or share content. Cyber bullying
includes sending, posting, or sharing negative, harmful, false, or mean content about someone
else. It can include sharing personal or private information about someone else causing
embarrassment or humiliation. Some cyber bullying crosses the line into unlawful or criminal
behavior.

Cyber bullying is the use of technology to harass, threaten, embarrass, or target another
person. By definition, it occurs among young people. When an adult is involved, it may meet
the definition of cyber-harassment or cyber stalking, a crime that can have legal
consequences and involve jail time.

Sometimes cyber bullying can be easy to spot — for example, if your child shows you a text,
tweet, or response to a status update on Face book that is harsh, mean, or cruel. Other acts are
less obvious, like impersonating a victim online or posting personal information, photos, or
videos designed to hurt or embarrass another person. Some kids report that a fake account,
webpage, or online persona has been created with the sole intention to harass and bully.Cyber
bullying also can happen accidentally. The impersonal nature of text messages, IMs, and
emails make it very hard to detect the sender's tone — one person's joke could be another's
hurtful insult. Nevertheless, a repeated pattern of emails, texts, and online posts is rarely
accidental.

Cyber-bullying has more than one definition, cyber-bullying can be defined as "when the
Internet, cell phones or other devices are used to send or post text or images intended to hurt
or embarrass another person" or as "a situation when a child or teen is repeatedly 'tormented,
threatened, harassed, humiliated, embarrassed or otherwise targeted' by another child or
teenager using text messaging, e-mail, instant messaging or any other type of digital
technology." The last definition I gave refers only to teens or children because bullying
through the internet or cell-phones from adults to adults can be referred to as cyber-stalking
which due to word limitation I will not go into. Cyber stalking is a crime in which the
attacker harasses a victim using electronic communication, such as e-mail or instant

3
messaging (IM), or messages posted to a Web site or a discussion group. A cyber stalker
relies upon the anonymity afforded by the Internet to allow them to stalk their victim without
being detected. Cyber stalking messages differ from ordinary spam in that a cyber stalker
targets a specific victim with often threatening messages, while the spammer targets a
multitude of recipients with simply annoying messages.

Objectives

1) To know and understand the meaning and concept of cyber bullying.

2) To know and understand the basic signs of cyber bullying.
3) To know and understand the various types of cyber bullying.
4) To know and understand the effect of cyber harassment.
5) To know and understand the various laws related to cyber bullying.

Methodology

This research can be termed under the category of doctrinal research as the types of ways in
which the data has been collected in this research fall under the category of non empirical
research. Data in this research has been collected from various sources such as statues, books,
articles and the different case laws.

Chapterization

1) Introduction: Cyber bullying is bullying that takes place over digital devices like cell
phones, computers, and tablets. Cyber bullying can occur through SMS, Text, and
apps, or online in social media, forums, or gaming where people can view, participate
in, or share content. Cyber bullying includes sending, posting, or sharing negative,
harmful, false, or mean content about someone else.
2) Cyber bullying: With the invention of the Internet and its mass commercial use, some
people might not have foreseen the issue of “cyber bullying” and how harmful it can
really be. A non-profit organization called stopcyberbullying.org describes it as,
“when a child, preteen or teen is tormented, threatened, harassed, humiliated,
embarrassed or otherwise targeted by another child, preteen or teen using the Internet,
interactive and digital technologies or mobile phones”.
3) Signs of cyber bullying: There are many signs of cyber bullying which are mentioned
in the present project.
4) Types of cyber bullying: There are many types of cyber bullying which are explained
in the project.
5) Effect of cyber harassment: Bullying, no matter whether it is traditional bullying or
cyber bullying, causes significant emotional and psychological distress. In fact, just
like any other victim of bullying, cyber bullied kids experience anxiety,
fear, depression, and low self-esteem. They also may deal with low self-esteem,
experience physical symptoms, and struggle academically. But targets of cyber
bullying also experience some unique consequences and negative feelings

4
6) Cyber bullying protection laws in India: Cyber bullying is a practice that is causing
hue and cry in the whole legal system but till date there is no special legislation to
deal with cyber bullying in India. It is a new phenomenon which has arisen in this
internet age.

5
 INDEX

1) Introduction.............................................................................................................7
2) Cyber – bullying.......................................................................................................9
3) Signs for cyber bullying...........................................................................................11
4) Types of cyber bullying............................................................................................12
5) Effect of cyber harassment.......................................................................................13
6) Cyber bullying protection laws in India..................................................................16
7) Conclusion................................................................................................................18

6
 Introduction

Cyber bullying is bullying that takes place over digital devices like cell phones, computers,
and tablets. Cyber bullying can occur through SMS, Text, and apps, or online in social media,
forums, or gaming where people can view, participate in, or share content. Cyber bullying
includes sending, posting, or sharing negative, harmful, false, or mean content about someone
else. It can include sharing personal or private information about someone else causing
embarrassment or humiliation. Some cyber bullying crosses the line into unlawful or criminal
behaviour.

Cyber bullying is the use of technology to harass, threaten, embarrass, or target another
person. By definition, it occurs among young people. When an adult is involved, it may meet
the definition of cyber-harassment or cyber stalking, a crime that can have legal
consequences and involve jail time.

Sometimes cyber bullying can be easy to spot — for example, if your child shows you a text,
tweet, or response to a status update on Face book that is harsh, mean, or cruel. Other acts are
less obvious, like impersonating a victim online or posting personal information, photos, or
videos designed to hurt or embarrass another person. Some kids report that a fake account,
webpage, or online persona has been created with the sole intention to harass and bully.

Cyber bullying also can happen accidentally. The impersonal nature of text messages, IMs,
and emails make it very hard to detect the sender's tone — one person's joke could be
another's hurtful insult. Nevertheless, a repeated pattern of emails, texts, and online posts is
rarely accidental.

Cyber-bullying has more than one definition, cyber-bullying can be defined as "when the
Internet, cell phones or other devices are used to send or post text or images intended to hurt
or embarrass another person" or as "a situation when a child or teen is repeatedly 'tormented,
threatened, harassed, humiliated, embarrassed or otherwise targeted' by another child or
teenager using text messaging, e-mail, instant messaging or any other type of digital
technology." The last definition I gave refers only to teens or children because bullying
through the internet or cell-phones from adults to adults can be referred to as cyber-stalking
which due to word limitation I will not go into

Cyber stalking is a crime in which the attacker harasses a victim using electronic
communication, such as e-mail or instant messaging (IM), or messages posted to a Web site

7
or a discussion group. A cyber stalker relies upon the anonymity afforded by the Internet to
allow them to stalk their victim without being detected. Cyber stalking messages differ from
ordinary spam in that a cyber stalker targets a specific victim with often threatening
messages, while the spammer targets a multitude of recipients with simply annoying
messages.

8
 Cyber – bullying

With the invention of the Internet and its mass commercial use, some people might not have
foreseen the issue of “cyber bullying” and how harmful it can really be. A non-profit
organization called stopcyberbullying.org describes it as, “when a child, preteen or teen is
tormented, threatened, harassed, humiliated, embarrassed or otherwise targeted by another
child, preteen or teen using the Internet, interactive and digital technologies or mobile
phones”. Cyber bullying occurs among young people and when an adult is involved it’s
commonly referred to as cyber stalking or cyber harassment. Researchers have been looking
more into this realm ever since it started to grow rapidly. Cyber bullying occurs frequently
towards a person, repeatedly causing abuse and hostility. This amount can add up and leave
the teen at a loss of how to make it stop. Teenagers have gone to the lengths of committing
suicide because the bullying was that bad like in Megan Meier’s case in 2006 in which she
was cyber bullied over MySpace. It affects teenagers mostly because that’s a very fragile
state in one’s life.

“Over half of adolescents and teens have been bullied online, and about the same number
have engaged in cyber bullying” says bullyingstatistics.org. Cyber bullying can lead to
anxiety, depression, and like previously stated, suicide. It also doesn’t help that since things
circulate online a lot, the pain of cyber bullying can reoccur since nothing is ever truly taken
down from the Internet. People who are bullying online think it’s funny. In some cases they
want to hurt or harm the person they’re bullying, like in Megan Meier’s case. The cyber
bullies think it’s ok for them to do this to people, when in reality it’s not. Cyber bullies think
nothing will ever come of their actions, but in the past it has proven that things can result.

While the big problem being the teens that are doing the bullying, another issue we need to
look at is the communication between the person being bullied and their parents/authority
figures. It is said, “Well over half of young people do not tell their parents when cyber
bullying occurs.” Teens are not feeling comfortable with telling their parents and thus never
getting help with the issue and it continues to occur. In a situation that seems rather helpless,
the people that can help the teens are their parents or authority figures. Teens sometimes feel
like if they were to tell their parents about it, they’d lose their online privileges. Going along
with teens not telling their parents, it was reported, “Fewer than 1 in 5 cyber bullying
incidents are reported to law enforcement.” Cyber bullying is something that is going to
happen no matter what and when looking at it as a problem you have to look at all angles to

9
try and understand it. The Cyber bullying Research Centre reported that, “About half of
young people have experienced some form of cyber bullying, and 10 to 20 percent experience
it regularly.”

Another big aspect of the problem of bullying is how accessible forms of electronic
communications are to teens. “Over 80 percent of teens use a cell phone regularly, making it
the most popular form of technology and a common medium for cyber bullying.” Since the
fact that the use of cell phones by teen has risen so much, it’s easy to see how it has
contributed to this problem. It makes it an easy medium for bulling to occur. In addition to
that, with most households having a computer, it then creates more possibilities for it to
occur. One of the last big aspects that contribute to this problem is the mere fact that it
happens online or via cell phone. This way the person being bullied doesn’t know who it is
and that allows the bully to be anonymous. This makes the bully feel like nothing will come
of it because their identity is not known. It may even cause them to bully them more.

Cyber bullying is a huge problem in our society because it can cause harm to teens
everywhere. It can lead to depression, anxiety or even suicide. Teens feel like they are
untouchable sitting behind the computer because of their anonymity. Teens who are bullied
feel helpless and they don’t like to tell their parents about what is happening. It’s also a very
tough thing to govern because not many kids are vocal about it and it’s tough for schools to
get involved if the bullying didn’t occur in school. With technology ever changing, one might
not doubt that Cyber bullying is an issue that will only get worse with time and actions need
to be taken to help the issue.

10
 Signs of cyber bullying

Many kids and teens who are cyber bullied don't want to tell a teacher or parent, often
because they feel ashamed of the social stigma or fear that their computer privileges will be
taken away at home.

Signs of cyber bullying vary, but may include:

 being emotionally upset during or after using the Internet or the phone

 being very secretive or protective of one's digital life

 withdrawal from family members, friends, and activities

 avoiding school or group gatherings

 slipping grades and "acting out" in anger at home

 changes in mood, behaviour, sleep, or appetite

 wanting to stop using the computer or cell phone

 being nervous or jumpy when getting an instant message, text, or email

 avoiding discussions about computer or cell phone activities

The most common places where cyber bullying occurs are:

 Social Media, such as Face book, Integra, Snap chat, and Twitter

 SMS (Short Message Service) also known as Text Message sent through devices

 Instant Message (via devices, email provider services, apps, and social media
messaging features)

 Email

11
 Types of cyber bullying

Cyber bullying is a worldwide problem and one that is growing – fast! Because cyber
bullying can happen in a variety of ways, each of which needs to be dealt with differently, it’s
important that you are able recognize them. In this blog post we take you through the 10
forms of cyber bullying so that you have the knowledge to protect your children.

1. Exclusion

Exclusion is the deliberate act of leaving you out. Exclusion is the deliberate act of leaving
someone out. Exclusion can happen in a number of ways:

• Your child might be excluded from friends’ parties or activities.

• Your child’s friends are having online conversations and tagging other friends but not them.

• Your child isn’t using social networking sites or doesn’t have a Smartphone and is
deliberately excluded from conversations by others because of this.

2. Harassment

Harassment is a sustained, constant and intentional form of bullying comprising abusive or

threatening messages sent to your child or to a group.

This is a very dangerous form of cyber bullying. It can have serious implications for your
child’s wellbeing. The messages are generally unkind or malicious, can impact their self-
esteem and confidence, and can make them fearful. The constant messaging means that there
is no respite from the cyber bully. The cyber bully makes extreme effort to cause fear and
pain.

3. Outing

Outing is a deliberate act to embarrass or publicly humiliate your child or a group through the
online posting of sensitive, private or embarrassing information without their consent.

Outing can happen in a variety of ways and the information revealed can be serious or trivial.
Even reading out your child’s saved messages on their mobile phone can be considered a

12
form of outing. Personal information should not be shared and if someone reveals private
information deliberately be sure your child knows to report it as cyber bullying

4. Cyber stalking

This form of cyber bullying can extend to the cyber bully making real threats to your child’s
physical wellbeing and/or safety. Cyber stalking can also refer to the practice of adults using
the Internet to contact and attempt to meet with young people for sexual purposes. It is a very
dangerous form of cyber bullying and can have serious consequences if something isn’t done
immediately to stop it.

13
 Effects of cyber harassment

Bullying, no matter whether it is traditional bullying or cyber bullying, causes significant

emotional and psychological distress. In fact, just like any other victim of bullying, cyber
bullied kids experience anxiety, fear, depression, and low self-esteem. They also may deal
with low self-esteem, experience physical symptoms, and struggle academically. But targets
of cyber bullying also experience some unique consequences and negative feelings.

Here are some common feelings cyber bullied teens and teens often experience.

Feel overwhelmed. Being targeted by cyber bullies is crushing especially if a lot of kids are
participating in the bullying. It can feel at times like the entire world knows what it is going
on. Sometimes the stress of dealing with cyber bullying can cause kids to feel like the
situation is more than they can handle.

Feel vulnerable and powerless. Victims of cyber bullying often find it difficult to feel safe.
Typically, this is because the bullying can invade their home through a computer or cell
phone at any time of day. They no longer have a place where they can escape. To a victim, it
feels like the bullying is everywhere. Additionally, because the bullies can remain
anonymous, this can escalate feelings of fear. Kids who are targeted have no idea who is
inflicting the pain—although some cyber bullies choose people they know.

Feel exposed and humiliated. Because cyber bullying occurs in cyberspace, online bullying
feels permanent. Kids know that once something is out there, it will always be out there.
When cyber bullying occurs, the nasty posts, messages or texts can be shared with multitudes
of people. The sheer volume of people that know about the bullying can lead to intense
feelings of humiliation.

Feel dissatisfied with who they are. Cyber bullying often attacks victims where they are
most vulnerable. As a result, targets of cyber bullying often begin to doubt their worth and
value. They may respond to these feelings by harming themselves in some way. For instance,
if a girl is called fat, she may begin a crash diet with the belief that if she alters how she looks
then the bullying will stop. Other times victims will try to change something about their
appearance or attitude in order to avoid additional cyber bullying.

Feel angry and vengeful. Sometimes victims of cyber bullying will get angry about what is
happening to them. As a result, they plot revenge and engage in retaliation. This approach is

14
dangerous because it keeps them locked in the bully-victim cycle. It is always better
to forgive a bully than it is to get even.

Feel disinterested in life. When cyber bullying is ongoing, victims often relate to the world
around them differently than others. For many, life can feel hopeless and meaningless. They
lose interest in things they once enjoyed and spend less time interacting with family and
friends. And in some cases depression and thoughts of suicide can set in. If you notice a
change in your child's mood, get him evaluated by a doctor as soon as possible.

Feel alone and isolated. Cyber bullying sometimes causes teens to be excluded
and ostracized at school. This experience is particularly painful because friends are crucial at
this age. When kids don’t have friends, this can lead to more bullying. What's more, when
cyber bullying occurs, most people recommend shutting off the computer or turning off the
cell phone. But, for teens this often means cutting off communication with their world. Their
phones and their computers are one of the most important ways they communicate with
others. If that option for communication is removed, they can feel secluded and cut off from
their world.

Feel disinterested in school. Cyber bullying victims often have much higher rates of
absenteeism at school than non-bullied kids. They skip school to avoid facing the kids
bullying them or because they are embarrassed and humiliated by the messages that were
shared. Their grades suffer too because they find it difficult to concentrate or study because
of the anxiety and stress the bullying causes. And in some cases, kids will either drop out of
school or lose interest in continuing their education after high school.

Feel anxious and depressed. Victims of cyber bullying often succumb to anxiety, depression
and other stress-related conditions. This occurs primarily because cyber bullying erodes their
self-confidence and self-esteem. Additionally, the added stress of coping with cyber bullying
on a regular basis erodes their feelings of happiness and contentment.

Feel ill. When kids are cyber bullied, they often experience headaches, stomach-aches or
other physical ailments. The stress of bullying also can cause stress-related conditions like
stomach ulcers and skin conditions. Additionally, kids who are cyber bullied may experience
changes in eating habits like skipping meals or binge eating. And their sleep patterns may be
impacted. They may suffer from insomnia, sleep more than usual or experience nightmares.

15
Feel suicidal. Cyber bullying increases the risk of suicide. Kids that are constantly tormented
by peers through text messages, instant messaging, social media and other outlets, often begin
to feel hopeless. They may even begin to feel like the only way to escape the pain is through
suicide. As a result, they may fantasize about ending their life in order to escape their
tormentors. If your child is being cyber bullied, do not dismiss their feelings. Be sure you
communicate daily, take steps to help end the torment and keep close tabs on changes in
mood and behaviour.

16
 Cyber bullying/cybercrime protection laws in India

Cyber bullying is a practice that is causing hue and cry in the whole legal system but till date
there are no special legislation to deal with cyber bullying in India. It is a new phenomenon
which has arisen in this internet age. Cyber bullying can be defined as “The use of electronic
communication to bully a person, typically by sending messages of an intimidating or
threatening nature.”1. In India, there is no specific legislation which deals with cyber bullying
but there are provisions like article 67 of IT Act which partially deal with such matters.
Though, it was made to deal with matters related to e-commerce.

However, the provisions of Information technology act can be used for prosecuting the
accused of cyber bullying. But still we need very specific legislation to deal with it as in the
21st century by the passing of time this crime is continuously growing.

The Ryan Halligan Case of Vermont (2003) was the first case that dealt with the issue of
cyber bullying in which the defendant was not held liable for cyber bullying the girl because
of criminal law could not be applied in that matter. Recently, there have been several
instances of cyber bullying of persons from LGBT group on facebook and other social media
apps. Such acts make the victims depressed, isolated and sometimes even lead to suicidal
tendencies.

According to a survey conducted by Microsoft about the global Youth found that surprisingly
53% of children have been bullied in India through different ways. This scenario is not just in
India but in China, Australia, Europe and other countries. It is not just youths but people of
all age groups face this problem and the biggest challenge is recognizing the bully on internet
or cyberspace. The technological barriers act as a hindrance in dealing with such issues.
Institutional infrastructure needs to be developed to deal with this set of bullying. In the
present era of rampant growth of cyber bullying it is the biggest challenge for the legislators
to deal with.

1
Oxford Dictionary.

17
 Conclusion

In conclusion although the internet and mobile phones communication systems make our
lives easier and play a very important role in our activities, it is unfortunate that they have
been poisoned and destroyed by being used to abuse others. The positive aspects of the
internet and mobile phones cannot be questioned or enumerated however what I am mostly
certain of is that the negative aspects are just as great in number and in seriousness. As a
Kevin Brennan said: "Cyber bullying is the unacceptable face of new technology, and we
need concerted action across society to address it. Schools must play a key role, and this new
guidance will help them to identify and tackle instances of cyber bullying more effectively, as
well as providing practical advice and information on how to prevent it."

Cyber-bullying is on the rise and it affects almost anyone that possesses and uses a computer
or a cell-phone but the idea of stopping or obstructing cyber-bullying seems to be very far.
Cyber-bullying exists in schools, out of schools and everywhere and since parents are not
totally controlling their child's actions in and out of school, it is very hard to follow the plans
of bullies. While school violence as a whole is declining, bullying behaviours have increased
by 5%.Furthermore, the last months of 2010; there were multiple suicide deaths as a result of
cyber-bullying. There are lots of reasons that could lead a person to bully another and there
are even more sources of traps that could lead the bullied person to remain silent and
contribute in this way to the growing problem.

The saddest part of the whole story is that at the end of the day we don’t have any specific
and strict legislation for the same. We hope that soon legislation would come to fill this
existing gap.

18