MENTAL HARASSMENT IN THE DIGITAL ERA

MENTAL HARASSMENT IN THE DIGITAL ERA

In today's digital era, cyber mental harassment — emotional abuse through online platforms — has become a growing concern in India. Victims suffer from cyberstalking, online bullying, defamation, and threats, leading to serious psychological trauma. Recognizing the gravity of the issue, the mental harassment law in India provides several mechanisms to address and punish such behavior.

The Information Technology Act, 2000, and the Bharatiya Nyaya Sanhita, 2023 (BNS) now form the foundation of legal protection. Under the IT Act, sections 66C and 66D address identity theft and cheating through impersonation, while sections 67 and 67A penalize the transmission of obscene material. Although section 66A, which criminalized offensive messages, was struck down in 2015, other provisions continue to address cyber harassment effectively.

The punishment for mental harassment in India under these laws can range from two to five years of imprisonment, along with financial penalties, depending on the severity of the offense. Victims have the right to file complaints at cybercrime cells or through the National Cyber Crime Reporting Portal. Courts also provide remedies like injunctions to stop the spread of defamatory content and compensation for mental suffering.

Despite a strong legal framework, challenges like anonymity of offenders, jurisdiction issues, and limited cybercrime awareness remain. Nevertheless, Indian courts have increasingly recognized cyber harassment as a violation of the fundamental right to dignity under Article 21 of the Constitution.

In conclusion, while the mental harassment law in India offers significant protection, better enforcement and stronger public awareness are crucial to ensuring a safer and more respectful digital environment.