Cyber Stalking and Online Harassment: How to File Complaint in India
By Advocate Ganta Surya Kiran | 19 Law Chambers, Visakhapatnam | Cyber Crime
Online harassment and cyber stalking are serious crimes that destroy mental peace, damage reputations, and can escalate to physical threats. If someone is repeatedly messaging you with threats, creating fake profiles in your name, posting defamatory content, or tracking your online activity Indian law provides strong remedies. Advocate Ganta Surya Kiran at 19 Law Chambers assists victims of cyber stalking across Visakhapatnam and Andhra Pradesh.
What is Cyber Stalking Under Indian Law?
Cyber stalking includes: repeated threatening or harassing messages through WhatsApp, Instagram, Facebook, or email; creating fake social media profiles in the victim’s name; posting private information or morphed images online; monitoring the victim’s online activity without consent; and making sexual overtures or threats online. It is punishable under multiple laws simultaneously.
Applicable Laws and Sections
- Section 354D IPC/BNS — Stalking (including cyber stalking): Whoever follows, contacts, or monitors a woman through internet, email, or any form of electronic communication against her will imprisonment up to 1 year (first offence), up to 3 years (repeated offence). Women facing this: Women Safety Lawyers Visakhapatnam.
- Section 66E IT Act — Publishing private images without consent: imprisonment up to 3 years and fine up to Rs 2 lakh. Full cyber crime laws: Cyber Crime Laws India IT Act.
- Section 67 IT Act — Publishing obscene content online: imprisonment up to 3 years.
- Section 500 IPC Defamation through online posts: 2 years imprisonment.
- Section 66C IT Act Identity theft through fake profiles: 3 years imprisonment.
How to File Cyber Stalking Complaint — Step by Step
Step 1 — Document Everything: Take screenshots of all threatening messages, fake profiles, and offensive posts. Note the usernames, phone numbers, and email addresses used. Do not delete anything — this is your evidence.
Step 2 — Report Online at cybercrime.gov.in: File a complaint at cybercrime.gov.in under “Report Cyber Crime.” Select “Women and Child Related Crime” for gender-based harassment. Call 1930 helpline for immediate assistance. Full guide: Online Fraud Complaint India.
Step 3 — Report to Platform: Report the offending account to Facebook, Instagram, WhatsApp, or Google. Platforms must act on court orders and valid police requests to remove content and disclose user details.
Step 4 — File FIR at Cyber Crime Police Station Vizag: Visit with all screenshots and evidence. Police will register FIR under applicable IT Act sections and IPC/BNS. They can trace the stalker’s IP address and device details through court orders.
Step 5 — Seek Protection Order: For severe cases — we apply for a protection order before the Magistrate Court preventing the stalker from contacting you. Under the DV Act — if the stalker is a family member, stronger protection is available: Domestic Violence Act Rights.
Frequently Asked Questions
Q: Can police trace an anonymous harasser online?
Yes — through court orders directing internet service providers and platforms to disclose IP addresses, device details, and account information. This process takes time but is effective in most cases.
Q: What if the harasser is in another state?
File complaint at cybercrime.gov.in — this is a central portal covering all states. The Cyber Crime Police can coordinate across state lines through state cyber cells. Free legal aid: NALSA — nalsa.gov.in.
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