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REALITY
INTRODUCTION
How has the internet transformed criminal behaviour? What impact might cyber-crime have
on public security? Are women safe in the cyber space?
Much of modern life depends on computer and their networks. With the growth of internet,
attacks on computer networks have caused economic losses and created risks for national and
international infrastructure security. In the past few years, threats in cyberspace have risen
dramatically. The rise in cybercrimes is a result of people's and businesses' greater reliance on
the internet. Vulnerabilities associated with the internet put users at risk, especially women. 1
It has become the deadliest epidemic confronting our planet in this millennium. A
cybercriminal can destroy web sites and portals by hacking and planting viruses, carry out
online frauds by transferring funds from one corner of the globe to another, gain access to
highly sensitive and confidential information, cause harassment by email threats or obscene
material, play tax frauds, indulge in cyber pornography involving women and commit
innumerable other crimes on the internet.
The security is only for the present moment when you are actually secure.2 Even the law
enforcement and officers who deal with such cases lack the necessary training and skills to
carry out cybercrimes against women and girls in particular. India should think about
implementing a proactive strategy to combat cybercrime in the society that combines
technology and an appropriate legal framework. Such severe cybercrimes against women and
girls need to drastically alter technology, behaviour, and legal matters, which can be aided by
appropriate education and training. This study investigates the concerns and difficulties of
cybercrime against women and girls in order to present countermeasures and preventive
measures with the help of unified forces.
From these figures, it is evident that cybercriminals are taking advantage of anonymity and
lack of physical boundaries of the cyberspace. Cybercrimes pose serious threat to women as
they are easy and soft targets due to lack of their knowledge and understanding of computers.
Thus, they are more vulnerable to online scams, identity thefts and other cyber-enabled
crimes like stalking, harassment, sextortion, etc.
A total of 10,730 cybercrimes against women were reported in 2021 4, which is 28% higher
than the cases in 2019 before the pandemic. Following are some of the most common
cybercrimes inflicted against women.
3
Chetan Tathoo, India Witnessed 13.9 Lakh Cybersecurity Incidents In 2022: Govt, Inc42, https://inc42.com
(last visited March 28, 2023)
4
Crime in India 2021, Volume 3, NCRB report, 831 (2021)
A) CYBER STALKING
Online harassment can be defined as any unwanted contact or communication which creates
fear or anxiety in the minds of the victims. Cyberbullying, a type of online harassment,
though a global problem, disproportionately affects women. It can be in the form of threats,
insults, ridicule, body shaming, hateful comments and includes a range of behaviour from
spreading rumours, posting private photos and videos, creating fake profile to impersonate
someone, etc.
According to National Crime Records Bureau (NCRB), there has been a stunning 36%
increase in cases of cyberbullying and harassments in India since the onset of the pandemic.
More than 1000 cases6 of cyberbullying of women have been reported in 2021, with
Maharashtra recording loftiest number of cases. The impact of cyberbullying and harassment
can be devasting, affecting victim’s mental health, self-esteem and overall good.
5
Manish Kathuria Vs Ritu Kohli, C.C. No. 14616/2014.
6
Supra 4
● In 2016, a 23-year-old Muslim woman, who was a medical student in Kerala,
committed suicide as she was cyber bullied over a Facebook post7.
● In another case, a 20-year-old Hindu woman from Karnataka ended her life in 2018,
after being harassed over WhatsApp for having relationship with a Muslim man8.
● On 4 May 2020, Delhi police arrested a 15-year-old boy for sharing obscene pictures
of girls and posting vulgar comments on Instagram9.
● Recently in 2022, another young girl from Pune threatened to commit suicide as no
action was taken against her former boyfriend who posted her morphed photo on
social media. Only then FIR was registered against him10.
● In cases of Jitender Singh Grewal vs State of West Bengal 11, Prakhar Sharma vs State
of Madhya Pradesh12, Hareesh vs State of Kerala13 the court rejected the applications
of the accused who created fake profiles in the name of victims and posted her
obscene pictures and vulgar comments.
Cyber morphing, also known as deepfake, is a disturbing trend that has been on the rise in
recent years. It refers to the process of creating manipulated images or videos (often of
women) into sexually explicit content that are almost impossible to distinguish from real
ones. Pornography on the other hand, has been around for years, but internet has made it
more accessible than ever before. Odisha in 2021 has secured the notoriety of reporting the
highest number of cyber pornography and morphing cases against women in the country with
301 and 264 cases respectively. Followed by Uttar Pradesh in 2 nd place with 272 cyber
pornography cases and Assam in 3rd with 228 cases14.
7
Ambika Raja, Cyberbullying suspected behind MBBS student’s suicide,
https://www.newindianexpress.com/states/kerala/2017/nov/17/cyberbullying-suspected-behind-mbbs-students-
suicide-1703178.html (last visited on March 29,2023)
8
India woman kills self 'over WhatsApp bullying', https://www.bbc.com/news/world-asia-india-42617237 (last
visited March 25, 2023)
9
Man held for posting obscene photos of woman on Instagram in Delhi,
https://www.indiatoday.in/cities/delhi/story/man-held-for-posting-obscene-photos-of-woman-on-instagram-in-
delhi-2341709-2023-03-02(last visited March 29, 2023)
10
Meeran Chadha Borwanka, Bulli Bai is latest example of harassment women face online,
https://indianexpress.com/article/opinion/columns/bulli-bai-latest-example-harassment-women-online-
7708633/(last visited March 29, 2023)
11
Jitender Singh Grewal vs State of West Bengal, Criminal Misc. Petition No. 7252 of 2018
12
Prakhar Sharma vs State of Madhya Pradesh, MCRC No. 377of 2018
13
Hareesh vs State of Kerala, Bail Application no. 4858 of 2018
14
Supra 4
In the landmark case of Jayant Kumar vs State of Odisha15, conviction for cyber pornography
was made for the first time in Odisha. The RTI activist Jayant was sentenced to six years
imprisonment along with 9000 rupees fine for making lewd comments about a journalist’s
wife on a pornsite from a fake profile. Very recently in February 2023, a 34-year-old man in
Udhagamandalam, Ooty was arrested for circulating morphed photos of women on social
media.16
Freedom of expression comes with a dark side i.e, defamation especially cyber defamation is
a growing concern in the present digital era. Women are often targeted with derogatory
comments, false accusations and malicious rumors online which not only have significant
impact on personal safety and emotional wellbeing but also the professional reputation.
In case of State of Tamil Nadu vs Suhas Katti17, the accused Katti was sentenced to two years
of rigorous imprisonment and fine for posting obscene and defamatory messages about the
victim, a divorced woman in Yahoo.
Sextortion and cyber trafficking are two insidious crimes that are affecting women worldwide
especially increasing after the pandemic. These crimes use social media, dating platforms and
other online portals to trap unsuspecting women into sharing their intimate photos or videos.
Once obtained, these images are used to extort money or other favors from victims.
Cybercrime investigator, Mr. Ritesh Bhatia said “Cases of sextortion are prevalent in Tier 3
cities” and according to Cyber Peace Foundation, “Women from tier 2 and 3 cities are often
enticed on a fake pretext of better life and are subsequently lured into crimes like cyber-
enabled trafficking18.”
In the famous Sex doctor case19, the accused Prakash, an orthopedic surgeon who sought
sexual favors from his women patients, clicked their photos secretly and posted them online.
He was imprisoned for life with a fine of Rs. 1.25 lakhs.
15
Jayant Kumar vs State of Odisha, 2020 SCC Online Ori 438
16
Rohan Premkumar, Man in Ooty arrested for circulating morphed photographs of women, THE HINDU
17
Tamil Nadu vs Suhas Katti, C.No. 4680 of 2004
18
Mansi Jaswal, Shraddha Walker's murder case: Women ditch dating, matrimonial apps; experts blame
platforms, https://www.livemint.com/technology/tech-news/shraddha-walker-s-murder-case- women-ditch
dating-matrimonial-apps-experts-blame-platforms-11669605406682.html(last visited March 30, 2023)
19
Dr. L. Prakash vs State, Crl. A. No. 770 of 2011
F) OTHER CRIMES
Unfortunately, it doesn’t stop with these types of attacks. Women are also targeted in other
forms of cybercrime like email hacking, email spoofing, phishing, stolen personal
information, receiving obscene messages, getting trapped into fraudulent transactions, cyber
extortion, cyber-assisted rape, murder, etc., These cases together constitute more than 60% of
the cybercrime cases against women reported in 202120. Women face daily battle to keep their
digital lives secure. Whether be a celebrity, entrepreneur, normal civilian, young, old, poor or
rich; from former President, Pranab Mukherjee’s daughter receiving vulgar messages through
Facebook to Shivani Saxena being threatened with her obscene photographs and demanded
sexual favors to Vinupriya committing suicide after her morphed seminude pictures were
posted to recent cyber stalking of teenage girls in Rajkot – no women are immune to the
threats of cyber-attacks.
A. MENTAL FACTORS
The most frequent reason for cybercrime is chatting. These risks arise from online
socialising, which can occasionally result in the emergence of emotional relationships
between people of different genders.21 Women are particularly vulnerable to these
relationships because of their emotional brittleness. 22 Homemakers usually engage in
conversation with strangers to alleviate their loneliness23.
B. SOCIAL FACTORS
One of the social causes of this crime in our Indian society is gender bias. Girls should
anticipate becoming timid and subservient in a predominantly male society. "The victim shies
away from the police in fear of defamation of her profile as well as her family's name," claim
Halder and Jaishankar, "and frequently the victim is led to believe that she is the person who
is accountable for the crime done to her by being trapped foolishly".24
20
Supra 4
21
Jerry Finn and Mary Banach, Cyber Psychology & Behaviour. July 5, 2004
22
Whitty, M. T., The ‘Realness’ of Cyber-cheating: Men and women’s representations of unfaithful Internet
relationships. Social Science Computer Review, 2005
23
Debarati Halder and K. Jaishankar, Cyber-crime and the Victimization of Women: Laws, Rights, and
Regulations. Hershey, PA (June, 2011).
24
Halder, Debarati and Jaishankar, K., Cyber Victimization in India: A Baseline Survey Report (2010)
● Another component of cybercrime is the application of running computer systems
without complete or enough competence.
● Before using the technologies and social networking sites, it is crucial to be aware of
the standards.
D. INTERNET ADDICTION
Internet Addiction and Easy Access Internet addiction has become a common occurrence in
many people's lives. Online relationships, trade or shopping, web browsing, computer
gaming, and sexual attraction are all included under the umbrella phrase of "internet
addiction," which also includes other more specific sorts of preoccupation.
Cybercrimes have a devastating effect on women affecting their physical, psychological and
emotional wellbeing. Psychologically, cybercrimes can leave women feeling violated, loss of
trust and unsafe. Harassment and stalking can cause anxiety, depression, fear, perceived risk
and Post Traumatic Stress Disorder (PTSD). In extreme cases, it also results in suicide. The
constant fear of being targeted can also lead to physical illnesses like headaches, insomnia
and high blood pressure. Socially, cybercrimes can isolate women from their communities. It
makes them feel scared to leave their homes or interact with others. It also makes them lose
their confidence and self-esteem.
Female students who have been victims of cyber-attacks tend to decline in their academic
performance and sometimes also drop out of schools or universities. Also, the economic
impact cannot be underestimated. It leads to financial losses and damage to reputation and
some female entrepreneurs tend to close their businesses after such cyber incidents. This has
led to a decline in the number of women venturing into entrepreneurship. On a personal level,
cybercrimes can have a lasting impact on a woman's sense of self. She may feel ashamed or
embarrassed, even though she has done nothing wrong. This trauma can lead to difficulties in
forming and maintaining healthy relationships.
● Section 354A
A man who engages in any of the following acts, including making sexual advances or
demands for sexual services, showing pornography to a woman without her will, or
displaying pornography, is guilty of sexual harassment and may face up to three years in
prison, a fine, or both. In the first two cases, there is a possibility of up to a year in jail, a fine,
or a combination of the two.
● Section 354C
Voyeurism is defined in Section 354C as the act of taking a picture of a lady performing a
private act without her agreement and disseminating it. If found guilty under this section, the
offender may be fined and sentenced to up to three years in prison on the first offence and
seven years on subsequent offences.
● Section 354D
Online stalking is prohibited under Section 354D's addition to the stalking law. For the first
offence, a man convicted of stalking risks a maximum sentence of three years in jail and a
fine; for subsequent offences, the maximum sentence increases to five years in prison and a
fine.
● Section 499
To slander is to do something with the intent to harm someone else's reputation. Defamation
through the publication of an instant and unambiguous depiction of imputation is punishable
by up to two years in prison, a fine, or both when done with the intent to harm the woman's
reputation.28
● Section 503
25
Indian Penal Code, 1860, S. 354A
26
Id, S. 354D
27
Criminal Amendment Act, 2013, Act No. 13, Acts of Parliament, India (2013)
28
Id, S. 499
Criminal intimidation occurs when a person is threatened with reputational injury in an effort
to make her panic or force her to change what she ordinarily does or does not do. This law
can be applied against the practise of cyber-blackmailing a person, as was done in the
aforementioned scenario.29
● Section 507
This section specifies the maximum punishment for criminal intimidation done by a person
the victim does not know. This clause sanctions any anonymous communication that violates
Section 503's prohibition on criminal intimidation.30
● Section 509
Under this provision, anybody who insults a woman's modesty or invades her private by
speaking, making a sound, gesturing, or displaying an object with the intention that a woman
would hear, see, or be exposed to it may face up to three years in prison and a fine. This
clause may impose penalties for cases of sexually explicit photographs and content being
forcibly distributed online, as well as for sexually explicit remarks or comments made
online.31
● Section 66C
Section 66 C of the Information Technology Act (amended), 2008, which in our opinion
might be used extremely effectively in situations where the victim's account has been "taken
over" and is being used inappropriately.32
This section's language was designed to prevent bank fraud, credit card fraud, and email
account hacking. We believe that this part can be used effectively to address the crimes of
hacking and alteration that are covered in this chapter.
● Section 66E
29
Id, 1860, S. 503
30
Id, S. 507
31
Id, 1860, S. 509
32
Information Technology (IT) Act 2000, S.66C
The violation of a person's right to privacy is addressed in Section 66E 33. Without her consent
or in a manner that violates her privacy, it is illegal to take, publish, or send an image of a
person's private area. This is punishable by up to three years in prison and/or a fine.
Prior to the passage of the current Information Technology Act of 2008, obscenity and
pornography that targeted women in the online world were prohibited by the Indecent
Representation of Women (Prohibition) Act of 1986 34, Sections 29335 and 509 of the Indian
Penal Code, and the former Section 67 36 of the Information Technology Act of 2000. With
the exception of the Indecent Representation of Women (Prohibition) Act, 1986, none of the
aforementioned laws specifically addressed the production or dissemination of adult or
obscene content utilising innocent women online.
● Section 67
Obscene content must not be published, transmitted, or caused to be distributed under Section
67, which carries a maximum sentence of three years in jail and a fine for a first offence and
up to five years in prison and a fine for a second.
● Section 67A
Obscene depictions of women in publications, advertising, and other media are prohibited by
this Bill. With the passage of this bill, the legal framework will be expanded to cover
33
Id, S.66E
34
The indecent representation of women (prohibition) act, 1986, No. 60, Acts of Parliament, 1986 (India)
35
Supra 26, S. 293
36
Supra 33, S.67
electronic and audio-visual media, as well as the distribution of information online and the
representation of women there. Yet as of July 2021, this Bill has been abandoned.
Both Central and State governments have taken several measures to prevent and combat
cybercrimes against women in India. Some important measures include:
a) Cyber Crime Prevention against Women and Children (CCPWC) scheme was formulated
by Ministry of Home Affairs (MHA). Under this scheme,
● 33 States and Union Territories have established cyber forensic and training labs to
train state police and judicial officers to detect cybercrimes.
● A National Cyber Forensic Science Laboratory was set up in Hyderabad to investigate
important cybercrimes.
● MHA has provided Rs.122.24 crores to states and UTs for setting up cyber forensic
and training labs within a span of 2017-2337.
● Online cybercrime reporting portal (www.cybercrime.gov.in ) was launched in 2018.
● MHA also launched a Twitter handle @Cyberdost which creates awareness about the
cybercrimes through videos and posters.
c) Under ‘We Think Digital’ program, NCW launched an online resource center called
Digital Sakthi (www.digitalsakthi.org) in 2018 to raise awareness and train women to fight
cybercrimes38.
d) The government has also setup helpline numbers (181- National women helpline and
1930- cybercrime helpline) that are available 24/7.
37
Statement made by Mr. Ajay Kumar Mishra(Minister of state for Home Affairs) in response to question in
Lok Sabha, pib.gov.in
38
PIB Delhi, Ministry of Women and Child Development, 10 DEC 2021, www.pib.gov.in, (last visited March
28, 2023)
39
News18 Network and Truecaller’s campaign against harassment reaches Telangana,
www.moneycontrol.com, (last visited March 26, 2023)
f) Kerala police launched ‘Aparajitha is Online’ services and helpline to reduce cybercrimes
against women.40
g) The Cybercrime Against Women Summit ’23 was organized in Chennai, Tamil Nadu on
28.02.2023 to spread awareness about cyber threats. In this Summit, TN IT minister
Mr.Mano Thangaraj, TNSWC chairperson Ms.K S Kumari and several other experts gave
information about women’s safety in social media, cybercrime challenges, data protection
and also specified some available solutions41.
SUGGESTIONS
“The modern thief can steal more with a computer than with a gun. Tomorrow's terrorist may
be able to do more damage with a keyboard than with a bomb” - this statement by National
Security Adviser42, Condoleezza Rice, holds true in today's digital age. So, there is an urgent
need to reduce cybercrimes against women. For this,
● Women should be educated about safe internet practices, dangers of cybercrimes and
potential risks of internet and social media
● Women should be equipped with necessary skills like identifying phishing scams,
protecting their personal information online, privacy settings on social media, etc.,
● They should avoid posting or sharing their private pictures, passwords, OTPs and
bank details online with strangers.
● It is better to keep strong and unique passwords for various sites and devices with
usage of upper- and lower-case letters, numerals, and unique symbols like # &%.
● Don't share your password on untrusted websites and change it periodically.
● Enabling of multiple-factor verification is needed.
● Always log out or sign out before leaving a website.
● Never trust any stranger on social media.
● Always secure devices with antivirus.
● Disconnect webcam when not in use.
40
“Aparajitha is Online” Complaint Email and Numbers – Kerala Police, keralaone.com, (last visited March
31, 2023)
41
Cyber Crime Against Women Summit ‘23, c20.amma.org/cyber-crime-against-women-summit-23/, (last
visited March 31, 2023)
42
National Research Council, Computers at Risk report (1991).
● Avoid opening anonymous emails as much as you can. Don't attempt to delete any
attached files by clicking the removal link or by clicking any of the attached files.
● Family members need to be involved and notified if a user experiences any kind of
online violence despite the aforementioned caution.
CONCLUSION
Second, a lot of women are not aware of their legal protections against cybercrimes. The
Indian government has made increasing women's awareness a priority as a means of both
preventing and punishing such offences. Also, it is crucial to educate other parties involved in
the criminal justice system, including the police, investigating officers, public prosecutors,
and judges, about the rules governing cybercrimes against women. Owing to negligence if
law, there goes many cases unreported. Lastly, in order to promote crime reporting, adopting
trust-building strategies with victims and potential victims is essential. For the Cyber Crimes
Cell published in Articles staff to conduct quick and effective investigations into cybercrimes
against women, it is essential that they are well-versed in the most recent technology
advancements, including computer forensics. In a nutshell, in addition to the plenty of
government measures, this can only be curbed if every citizen does their moral duty towards
each other.
REFERENCE
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A-Gloomy-Outlook-of-Technological-Advancement.pdf
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Report (2010)
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