Online harassment of women: Legal Recognition and Gaps in Indian Cyber Laws

Introduction

The rapid digitization of society has brought with it not only unprecedented opportunities for communication and empowerment, but also new and insidious forms of harm particularly for women like online harassment of women. In India, as the number of internet users rises, so too does the prevalence of gender-based violence in online spaces. From cyberstalking and non-consensual image sharing, to deepfake pornography, doxxing, and targeted trolling, women increasingly find themselves subjected to psychological, emotional, and reputational harm that mirrors and often amplifies their offline vulnerabilities.

This form of harm, known as digital violence against women, is marked by the gendered misuse of technology to harass, intimidate, silence, or control women and girls. What sets digital violence apart is its ability to transcend physical boundaries, persist over time, and impact the victim's mental health, freedom of expression, dignity, and access to public spaces. It is an issue not merely of privacy, but of equality, bodily autonomy, and fundamental rights under the Indian Constitution.

While India has enacted a range of laws under the Information Technology Act, 2000 and the Indian Penal Code, 1860 to address certain forms of online abuse, these provisions often fall short of fully recognising or redressing the uniquely gendered dimensions of digital violence. Victims face challenges not just in law, but also in navigating a justice system that is under-equipped, insensitive, or technologically outdated.

This article seeks to critically examine the legal recognition of digital violence against women in India, identify the lacunae in existing frameworks, and propose reforms rooted in constitutional guarantees and international obligations. As India strides towards digital transformation, ensuring safe and equitable digital spaces for women is no longer optional—it is essential for a just and inclusive democracy.

Forms of Digital Violence Against Women

Digital violence against women encompasses a wide range of gender-based harms perpetrated through digital platforms, communication technologies, and online spaces. These acts often reflect and extend traditional forms of violence, such as harassment, surveillance, and defamation, into the virtual realm—where their impact can be equally, if not more, devastating.

Cyberstalking

Cyberstalking involves the persistent and unwanted pursuit of a woman online, often through emails, social media, GPS tracking, or surveillance tools. The stalker may monitor her location, activities, or communications with the intent to harass, threaten, or impersonate someone close to her to extract personal information. What makes cyberstalking especially dangerous is its potential to spill over into real-life threats and violence, instilling long-term fear and trauma in the victim.

Section 354D of the Indian Penal Code (IPC) criminalizes stalking, including online stalking, but its enforcement remains weak due to lack of awareness and technological competence among law enforcement.

Non-Consensual Distribution of Intimate Images (Revenge Porn)

This involves the sharing or threatening to share private, sexually explicit images or videos of a woman without her consent—often by ex-partners or blackmailers. These acts aim to shame, humiliate, or silence women.

The permanence and rapid spread of such content on the internet make this a particularly destructive form of violence, causing long-lasting damage to a woman’s personal, social, and professional life.

Deepfakes and Morphed Images

Artificial intelligence tools are increasingly used to create fake pornographic content involving the faces of real women, particularly celebrities and influencers without her knowledge or consent. Morphing involves editing genuine photos to create sexually explicit or obscene content. These deepfakes are circulated on forums like Telegram or Reddit, often going viral before takedown.

India currently has no explicit legal provision addressing deepfake technology, which leaves a significant gap in legal protection.

REAL LIFE DEEPFAKE CASE OF FAMOUS CELEBERITY

Priyanka Chopra

In yet another deceptive video, actress Priyanka Chopra was seen promoting a product and revealing her yearly salary. In contentious footage, Priyanka's visage doesn't change, in contrast to certain other performers. However, a phony brand advertisement has been used in place of her voice and lines from the original video.

Alia Bhatt

In a similar vein, star Alia Bhatt appeared in a deepfake video that was later shown to be fraudulent. In the widely shared video, Bhatt's face was digitally superimposed on a picture of a woman sitting on a bed.

1. Online Sexual Harassment and Cyberflashing

This includes sending unsolicited sexual messages, images, or videos to women over messaging platforms, emails, or social media. The anonymity of the internet often emboldens perpetrators, making it difficult for women to feel safe in public digital spaces. Women in positions of visibility—such as journalists, activists, or influencers—are disproportionately affected. Cyberflashing involves the use of Bluetooth or Wi-Fi-based file sharing to send such content in public places.

2. Trolling, Doxxing, and Hate Speech

Women especially journalists, activists, and political figures—face targeted trolling campaigns involving abusive language, rape threats, communal slurs, and slut-shaming. Doxxing refers to the public release of a woman’s personal information (address, phone number, etc.) to incite harassment.

Legal gap: While Section 66A of the IT Act was previously used to tackle online abuse, it was struck down in Shreya Singhal v. Union of India (2015) as unconstitutional. Since then, there’s been a regulatory vacuum, and existing hate speech laws are not effectively enforced online.

3. Impersonation and Identity Theft

Fake profiles using a woman’s name, photos, or credentials are often created to defame, deceive, or sexually exploit others. Sometimes, the impersonator may solicit sexual favors in her name.

Legal coverage: Section 66C (identity theft) and Section 66D (cheating by impersonation) under the IT Act apply, but convictions are rare due to weak digital forensic infrastructure.

4. Online Blackmail and Sextortion

Perpetrators often use hacked images, screenshots, or recorded video calls to threaten women into paying money, sending more content, or complying with demands. This is particularly common in cases involving minors and young women.

Legal relevance: Though it overlaps with extortion laws under IPC, there’s no specific law on sextortion, and enforcement is inconsistent.

5. Cyberbullying in Educational Institutions

Female students are frequently targeted in school or college WhatsApp groups, social media circles, or classroom platforms. Cyberbullying leads to psychological trauma, dropouts, and even suicide in extreme cases.

Educational institutions rarely have robust redressal mechanisms or clear guidelines under the UGC or university policies.

6. Gendered Disinformation and Misogynistic Memes

Memes, edited videos, and viral misinformation often propagate sexist stereotypes or targeted fake news about women in the public eye. This not only tarnishes reputations but also discredits women’s professional or political presence.

Despite the chilling effect on women’s participation in public discourse, Indian law lacks a focused remedy for such digital misinformation.

Legal Framework in India

While digital violence against women is a growing concern, the Indian legal system is still adapting to effectively address its many manifestations. Legal provisions exist across multiple laws, primarily the Information Technology Act, 2000 (IT Act) and now the Bharatiya Nyaya Sanhita, 2023 (BNS), which has replaced the Indian Penal Code. Despite this, the fragmented and sometimes outdated nature of these laws results in inconsistent protections for victims and challenges in enforcement.

1. Information Technology Act, 2000

The IT Act is the principal legislation dealing with crimes committed in cyberspace. However, it was not originally framed with gender-based digital violence in mind, and thus remains gender-neutral and content-limited.

Key Relevant Provisions:

Section 66E – Violation of Privacy

Penalizes intentional capturing, publishing, or transmitting images of a person’s private parts without consent. Applicable in cases of non-consensual image sharing or revenge porn.

Section 67 – Obscene Content

Criminalizes publishing or transmitting obscene material in electronic form.

Section 67A – Sexually Explicit Content

Targets the publication or transmission of sexually explicit material, including pornography.

Section 66C – Identity Theft

Punishes the fraudulent or dishonest use of another person’s digital signature, password, or other unique identification feature.

Section 66D – Cheating by Personation Using Computer Resource

Covers impersonation using digital platforms, including creation of fake profiles.

Section 69A – Blocking of Public Access to Content

Empowers the Government to block content that threatens the sovereignty, integrity, or public order of India, which has been invoked for taking down harmful online material.

Limitations

• Gender-neutral and not tailored to women’s online experiences.

• Outdated definitions of “obscenity” and “privacy”.

• No mention of new-age threats like deepfakes, cyberflashing, or doxxing.

• Jurisdictional ambiguity when content is hosted outside India.

2. Bharatiya Nyaya Sanhita (BNS), 2023

The Bharatiya Nyaya Sanhita (BNS), which replaced the IPC in 2023, retains many of the criminal law provisions relevant to violence against women, including in digital contexts. It introduces clearer procedural reforms but has not yet made substantial updates specifically addressing digital gender-based violence.

Key Relevant Provisions:

Section 73 – Sexual Harassment

Covers physical contact, sexually coloured remarks, showing pornography, or making unwelcome sexual advances—this can be invoked in cyber sexual harassment cases via messages, emails, or images.

Section 74 – Stalking

Includes both physical and cyberstalking by monitoring a woman’s use of internet, email, or other forms of electronic communication.

Section 77 – Voyeurism

Involves watching or capturing images of a woman engaging in private acts and sharing them without consent, including over digital platforms.

Section 78 – Dissemination of Private Acts or Images

Specifically criminalizes the distribution of intimate images or videos without consent—particularly relevant in cases of revenge porn and sextortion.

Section 79 – Word, Gesture, or Act Intended to Insult the Modesty of a Woman

Can apply to obscene comments, memes, or messages circulated on social media platforms.

Limitations:

• Despite modernization, the BNS remains largely silent on tech-specific crimes like deepfakes or AI-based impersonation.

• Provisions require strong procedural backing, such as proper FIR registration and forensic evidence collection, which are often lacking.

• Like the IPC, the BNS relies heavily on traditional definitions of modesty and obscenity, without evolving to meet the unique realities of online harm.

Crime-head-wise cases registered under the category cybercrimes against women

Source: National Crime Records Bureau

(This information was provided by Shri Rajeev Chandrasekhar, the Minister of State for Electronics and Information Technology, in a written response to a Lok Sabha question.)

Other Related Legal Tools:

Protection of Children from Sexual Offences (POCSO) Act, 2012: Applies in digital crimes involving minors.

Indian Evidence Act, 1872 (as amended): Allows for the admissibility of electronic evidence in courts.

Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Governs police procedures related to registration of FIRs, digital evidence collection, and cybercrime investigation.

Summary of Legal Challenges:

There is no clear legal definition of "digital violence" or "cyberbullying".

Laws are frequently gender-neutral, neglecting to address the gendered consequences of digital abuse. The police and judiciary's lack of digital literacy has a negative impact on enforcement. Jurisdictional limits and platform delays in removing content exacerbate victims' trauma. The lack of particular rules for AI-generated content, deepfakes, or cyberflashing

Despite the presence of laws under both the IT Act and the Bharatiya Nyaya Sanhita, there remains a glaring mismatch between the complex nature of digital violence and the limited legal vocabulary and enforcement capacity in India. The next section will explore these gaps in greater detail, using real cases and highlighting institutional shortcomings that undermine women’s access to just

Gaps in the Existing Legal Framework

While India has a patchwork of legal provisions addressing aspects of digital violence against women, the current framework remains inadequate, fragmented, and poorly enforced. As digital abuse becomes more complex, our laws struggle to keep pace with evolving technologies, leaving many victims vulnerable and without proper redressal.

1. Lack of a Clear Legal Definition of “Digital Violence”

There is no statutory definition of “digital violence” or “technology-facilitated gender-based violence” under Indian law. This leads to:

Confusion in classification of offences.

Inconsistent legal treatment by police and courts.Victims being forced to file complaints under general penal provisions that do not reflect the unique nature or harm of digital abuse.

2. Gender-Neutral Language Dilutes Gendered Realities

Most cyber laws in India, especially the IT Act, are gender-neutral, failing to account for the disproportionate and uniquely gendered impact of digital violence on women.

Women are often targeted for their sexuality, gender identity, or social status.

Gender-neutral framing makes it harder to invoke laws specifically intended to protect women from misogynistic abuse online.

3. No Legal Recognition of Emerging Harms Like Deepfakes, Cyberflashing, or Doxxing

Indian law remains silent on new and fast-growing threats, such as:

• Deepfake pornography

• Cyberflashing (sending obscene images via Bluetooth or AirDrop)

• Doxxing (publishing private information to encourage harassment)

• AI-generated sexual content or impersonation

These acts are not explicitly criminalized, forcing police to stretch general laws in ways courts may later reject.

Poor Enforcement and Police Apathy

Even when laws exist, they are rarely enforced successfully. Police frequently dismiss internet abuse as "not serious" or "private matters." There is a paucity of digital forensics training in law enforcement. FIRs in cybercrime cases involving women are frequently delayed or denied. Victims frequently go to cyber cells in different districts or states because to uncertain jurisdiction restrictions

Jurisdictional Challenges and Platform Immunity

Cross-border hosting of content makes takedown orders hard to enforce.

Social media companies often delay content removal due to legal grey areas or differing community standards.

Section 79 of the IT Act provides intermediary immunity, shielding platforms unless there’s actual knowledge or government order—this often slows down victim relief.

Inadequate Victim Support Mechanisms

No dedicated support system (helpline, legal aid, mental health) for women facing cyber abuse.Victims have limited access to digital evidence preservation.

Existing women’s commissions or cybercrime units lack gender-sensitive training or coordination.

Slow Judicial Process and Low Conviction Rates

Courts lack specialization in digital crimes and gender justice.

Electronic evidence is often inadmissible due to improper collection or lack of chain of custody.Long trial durations and poor conviction rates result in lack of deterrence for offenders.

Overlapping and Conflicting Provisions

Multiple overlapping sections under the IT Act, BNS, and POCSO Act cause confusion.

Laws still use outdated concepts like “outraging modesty,” rather than focusing on consent and privacy.

There is no centralised national legislation to comprehensively address online gender-based violence.

Role of Judiciary, National Commissions, and Government Initiatives

The fight against digital violence targeting women cannot be won by legislation alone. The judiciary, statutory bodies like the National Commission for Women (NCW), and various government initiatives have played vital roles in addressing this emerging threat. However, their efforts remain a work in progress — often limited by institutional capacity, technological constraints, and outdated legal interpretations.

1. Judicial Interpretation and Activism

Indian courts have increasingly taken a progressive approach in interpreting laws to address cyber violence against women, even in the absence of direct legislation.

Key Judgments:

Shreya Singhal v. Union of India (2015)

The Supreme Court struck down Section 66A of the IT Act, holding it unconstitutional for being vague and chilling free speech. However, the judgment also clarified that reasonable restrictions (like curbing online harassment or threats) are permissible.

Impact: While the ruling protected free speech, it removed a tool once used (although misused) to combat online abuse.

K.S. Puttaswamy v. Union of India (2017)

Recognized the right to privacy as a fundamental right under Article 21. This ruling can be used to argue against non-consensual sharing of images, surveillance, or doxxing.

Sabu Mathew George v. Union of India (2018)

The Supreme Court directed search engines to block advertisements violating the PCPNDT Act, setting a precedent for platform accountability in hosting harmful content.

Rekha Sharma v. Union of India (NCW PIL, ongoing)

NCW has petitioned for a national-level policy to tackle image-based sexual abuse, including revenge porn, deepfakes, and morphing. The case is currently under consideration.

Judiciary has shown sensitivity to women’s rights online but faces hurdles such as lack of technical expertise, slow proceedings, and limited jurisprudence on new-age digital crimes.

2. National Commission for Women (NCW)

The NCW has taken a proactive role in addressing cyber harassment and online abuse of women through:

Key Actions:

Complaint Portal for Online Harassment: NCW maintains a dedicated cybercrime complaint portal (ncw.nic.in), enabling women to report harassment and threats.

Collaboration with Cybercrime Units: NCW coordinates with Delhi Police, Maharashtra Cyber Cell, and others to fast-track digital violence cases.

Digital Literacy Campaigns: Conducts webinars and awareness drives on safe online practices, especially targeting young women and college students.

Policy Advocacy: NCW regularly submits recommendations to the government for improving laws related to revenge porn, morphing, and cyberbullying.

Limitations

NCW does not have the authority to enforce laws. Frequently restricted to suggestions and non-punitive measures In most situations, its function is more reactive than preventive.

3. Government Initiatives

The Government of India has launched various schemes and projects to curb cybercrime and promote digital safety, particularly for women.

Key Initiatives:

Cyber Crime Prevention against Women and Children (CCPWC) Scheme (2019)

Provides central funding to set up Cyber Crime Units, forensic labs, and training programs in states.

National Cyber Crime Reporting Portal (cybercrime.gov.in)

A centralized online platform for reporting cyber offences, including online harassment, threats, or exploitation of women.

Digital Shakti Campaign (NCW + Facebook + CyberPeace Foundation)

Aims to digitally empower women through education about online safety, digital rights, and how to combat abuse.

Indian Cyber Crime Coordination Centre (I4C)

A pan-India agency under the Ministry of Home Affairs to coordinate cybercrime prevention and capacity building.

Online Content Removal Frameworks

The IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 empower the government to demand removal of offensive content that violates decency or causes harm to women.

Limitations:

Most campaigns lack consistent implementation at the local level.

Victims from rural areas or marginalized communities remain unaware of these facilities.

The digital redressal process is often slow, non-transparent, and intimidating for women without legal or technical support.

Suggestions

1. Comprehensive Legal Reform

Introduce a dedicated law or chapter within existing laws to define and criminalize all forms of technology-facilitated gender-based violence (TFGBV) — including deepfakes, cyberflashing, doxxing, and non-consensual image sharing.

Update the Information Technology Act, 2000 and Bharatiya Nyaya Sanhita, 2023 (BNS) to:

Clearly define consent and digital harm.

Provide graded punishment based on the nature and impact of the offence.

Recognize digital sexual offences distinctly from physical offences to ensure targeted redressal.

2. Specialized Cybercrime Cells with Gender-Sensitivity Training

Establish women-led, fast-response cybercrime units in every district.

Mandatory gender sensitization and digital forensic training for police and judiciary to handle online gender-based crimes with empathy and technical efficiency.

Introduce standard protocols for preserving digital evidence and tracking anonymous offenders.

3. Mandatory Accountability for Digital Platforms

Amend intermediary liability rules to:

Impose strict timelines (24–48 hours) for takedown of offensive content.

Enforce algorithmic transparency to prevent promotion of harmful or misogynistic content.

Set up grievance redressal officers accessible to Indian users, especially women.

4. Judicial Capacity Building and Fast-track Courts

Create specialized benches or courts for cybercrimes against women to ensure quick trials and informed rulings.

Provide training modules for judges on evolving digital threats and interpretation of electronic evidence.Encourage judicial activism in interpreting privacy, dignity, and consent in the digital context.

5. Victim-Centric Support Systems

Set up 24/7 cyber helplines for women, with multilingual assistance.

Provide legal aid, mental health counseling, and digital literacy workshops through NGOs, police stations, and women’s shelters.

Allow victims to anonymously report cybercrimes, especially in cases involving sexual content.

6. Digital Literacy and Gender-Sensitization Campaigns

Integrate cyber safety education in school and college curricula, especially focusing on consent, online conduct, and reporting abuse.

Conduct mass awareness drives using TV, social media, and community outreach to change public perception of online violence.

Promote digital citizenship programs that encourage responsible online behavior for all genders.

7. Multi-Stakeholder Collaboration

Foster partnerships between:

• Government agencies (Home Affairs, Women & Child Development)

• Tech companies (Meta, Google, X, etc.)

• Civil society organizations and women’s rights groups

• Academic institutions (for policy research and monitoring)

These collaborations can create data-driven solutions, design early-warning systems, and establish national-level policies for digital gender justice.

Conclusion

In the era of rapid digitalization, online platforms have become central to communication, self-expression, and activism — yet they have also emerged as sites of gender-based violence. For women in India, the internet often mirrors — and sometimes magnifies — the structural inequalities and patriarchal norms of the real world.

Digital violence—whether in the form of cyberstalking, doxxing, deepfake pornography, or online threats—not only violates a woman’s privacy and dignity, but also her right to free expression, safety, and participation in public discourse.

While India has made some legal and institutional progress, the current framework remains inadequate, fragmented, and reactive. The absence of a specific legal definition of digital gender violence and the slow adaptation of institutions have left many women without proper redressal.

A comprehensive, tech-aware, and victim-centric strategy is urgently needed—one that includes robust legislation, gender-sensitive enforcement, digital platform accountability, and widespread public awareness. Only then can we ensure that digital spaces evolve into safe and empowering environments for women, not tools for oppression.The future of gender justice will depend not only on how we punish offenders, but on how we protect, support, and empower survivors in the digital age.

References

1. The Bharatiya Nyaya Sanhita, 2023 (BNS) – Sections related to cyberstalking, image-based sexual abuse, and criminal intimidation.

2. Information Technology Act, 2000 – Sections 66E (violation of privacy), 67 (obscenity), 67A (sexually explicit material), 72 (breach of confidentiality).

3. Indian Constitution – Article 21 (Right to Life and Personal Liberty), Article 19 (Freedom of Speech), Article 14 (Right to Equality).

4. Shreya Singhal v. Union of India, (2015) 5 SCC 1.

5. K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1.

6. Sabu Mathew George v. Union of India, (2018) 3 SCC 229.

7. National Commission for Women (NCW) – Reports and initiatives available at https://ncw.nic.in

8. National Cyber Crime Reporting Portal – https://cybercrime.gov.in

9. Digital Shakti Initiative – Joint campaign by NCW, Meta, and CyberPeace Foundation.

10. Government of India. Cyber Crime Prevention Against Women and Children (CCPWC) Scheme, Ministry of Home Affairs.

11. UN Women (2020). Online and ICT-facilitated violence against women and girls during COVID-19.

12. Amnesty International India (2018). Troll Patrol India: Exposing Online Abuse Faced by Women Politicians.