As we move into 2026, our reliance on computers and information technology remains stronger than ever, with new business opportunities and social interactions continuing to emerge. As digital spaces have become the most dominant medium of communication, information, commerce and entertainment, they have also inevitably become a space where new and evolving forms of crime arise. Even though crimes evolve into newer and varied forms as businesses and social interactions change, certain offences that existed long before the growth of cyberspace continue to wreak havoc online. This article examines five such offences: cyberstalking, voyeurism, online impersonation, identity theft, and cyber extortion along with the legal provisions that govern them. Beyond explaining the law, it also highlights practical steps individuals can take if they, or someone they know, are affected. While cyberspace is often used by perpetrators to target their victims, every coin has a flip side. On the other end, individuals sometimes mask themselves as victims and come together to make false allegations against innocent persons. In an age driven by the urge to “crack the algorithm” and become instantly viral, such actions can have consequences that last a lifetime for those affected. Through this article, we also examine how a person facing a false complaint can effectively respond and protect themselves.
- CYBERSTALKING
What does it mean?
Stalking involves a pattern of repeated actions, such as following, contacting, or monitoring a person that are intended to harass, threaten, or cause fear. When such behaviour is carried out through the internet or other forms of digital communication, it is referred to as cyberstalking. Cyberstalking can take place through social media platforms, text messages, emails, phone calls, or even tracking applications, making it more intrusive and difficult to escape.
Legal Provisions:
Under Section 78(1) of the Bharatiya Nyaya Sanhita (BNS), 2023, stalking is defined as the act of following a woman or repeatedly attempting to contact her to establish personal interaction despite a clear indication of disinterest. When such conduct involves monitoring her activities through electronic communication, it amounts to cyberstalking.
However, the law provides certain exceptions. Such conduct will not amount to stalking if the man proves that it was carried out for the purpose of preventing or detecting crime and that he was authorised by the State, or if it was done in compliance with any legal requirement, or where such conduct was otherwise reasonable and justified.
Punishment:
Under Section 78 of the Bharatiya Nyaya Sanhita (BNS), 2023 punishment on first conviction is imprisonment of either description up to three years along with a fine.
For a subsequent offence, it may be imprisonment of either description up to five years along with a fine. The Information Technology Act, 2000 also applies where there is misuse of digital data, online threats, or privacy violations.
Examples of behaviour that can be cyberstalking:
- Sending repeated unwanted messages or DMs.
- Monitoring someone’s social media activities or online status.
- Creating fake accounts to track or harass someone.
- Spreading false information or sharing private content without consent.
How to Stay Safe:
- Block and report the offender immediately.
- Keep evidence such as screenshots or chat logs.
- Inform a trusted person such as a friend, partner, coworker or if a child your guardian, parent, teacher or trusted elder.
- Report the incident through the National Cyber Crime Reporting Portal: www.cybercrime.gov.in or the Cyber Crime Helpline 1930.
Remember:
Online spaces should feel safe and respectful.
No one has the right to invade your privacy or make you feel unsafe.
Speak up, stay aware, and take action against cyberstalking.
- VOYEURISM
What does it mean?
Voyeurism means watching, capturing, or sharing images or videos of a woman’s private act without her consent. Here, the phrase “private moments” refers to situations where a woman is engaged in an activity in which she has a reasonable expectation of privacy where she believes she will not be observed. It includes recording her while she is dressing, bathing, or engaging in any private act, and sharing such content online or otherwise.
Legal Provisions:
Under the Bharatiya Nyaya Sanhita (BNS), 2023, Section 77 deals with voyeurism. It states that whoever watches or captures the image of a woman engaging in a private act, in circumstances where she expects privacy, or disseminates such images without her consent, commits the offence of voyeurism. This provision clearly identifies two scenarios: one where the woman is unaware that she is being watched and her image is captured, and the other where the woman is aware of and consents to being observed and to the capture of her image, but not to its dissemination to others. Both these scenarios attract the offence.
The Information Technology Act, 2000, Section 66E, also punishes the offence of voyeurism under its provision for punishment for violation of privacy. Under this provision capturing, publishing, or transmitting images of a person’s private areas is treated as a violation of privacy.
Punishment:
Under the Bharatiya Nyaya Sanhita (BNS), 2023 punishment for the first offence is imprisonment of either description for a term of 1 year but could be extended to three years along with a fine. For a subsequent offence it can be imprisonment of either description for a term of 3 years, extending up to seven years and with fine.
Under the Information Technology Act, 2000, punishment can be imprisonment up to 3 years, or a fine not exceeding Rs. 2 lakh or both.
Examples of Voyeurism:
- Secretly recording someone in bathrooms, changing rooms, or private spaces.
- Taking photos or videos without consent of people in their private moments.
- Sharing private or intimate images of someone online or through social media.
- Using hidden cameras or devices to capture private acts.
How to Stay Safe:
- Be alert to suspicious devices or cameras in private areas.
- Do not share personal or intimate photos online.
- Report any such incident immediately to a trusted person and/or authority.
- File a complaint through the National Cyber Crime Reporting Portal: www.cybercrime.gov.in or the Cyber Crime Helpline 1930.
Remember:
Everyone has a right to privacy.
Recording or sharing someone’s private moments without permission is a serious crime.
Respect boundaries, protect privacy, and speak up against voyeurism.
Sometimes, pictures or video recordings of a person in their personal or professional spaces may be taken without their consent or knowledge and shared with the public. While this may amount to a violation of that person’s privacy, it may not constitute voyeurism, as the images do not depict the person engaging in a “private act,” such as undressing or exposing their genitals. These situations are more complex to assess. Even in public spaces, a person may still retain a limited expectation of privacy, depending on the nature of the act and the manner in which the images are captured and disseminated. Accordingly, such conduct, though not falling within voyeurism, may still attract liability under other offences, such as stalking, sexual harassment, outraging modesty, defamation etc.
However, if their pictures have been taken and shared without consent, there are a few legal provisions that they can turn to for their protection.
- If someone threatens to share such pictures in order to coerce a person into doing something they are not obliged to do, or to prevent them from doing something they are entitled to do, and such threats are likely to harm their reputation, the act amounts to criminal intimidation under Section 351 of the Bharatiya Nyaya Sanhita (BNS), 2023. The punishment may extend to imprisonment of either description for a term up to two years, or fine, or both. Where such intimidation is carried out anonymously to conceal the identity or origin of the communicate on, additional punishment may be attracted.
- Further, where the sharing of such images harms a person’s reputation, it may amount to defamation under Section 356 of the Bharatiya Nyaya Sanhita (BNS), 2023. The punishment may extend to simple imprisonment for a term up to two years, or fine, or both, or community service.
- It is important to note that merely being in a public place does not make it acceptable to take or share photographs of individuals without their knowledge or consent. While the expectation of privacy in public may be limited, it is not extinguished, and the unauthorised capture or dissemination of images can still give rise to consequences.
3.ONLINE IMPERSONATION
What does it mean?
Online impersonation refers to creating a fake profile, email, or account in another person’s name with the intent to deceive, embarrass, defame, or cheat others. In such cases, the offender falsely represents themselves as someone else on social media, messaging apps, or other online platforms.
Legal Provisions:
Under the Bharatiya Nyaya Sanhita (BNS), 2023, Section 319 punishes cheating by personation, which includes pretending to be another individual in order to cause harm, commit fraud, or obtain a benefit through deceitful means. When such acts are carried out using the internet or other communication technologies, they constitute online impersonation. According to this provision, the offence of cheating by personation is committed regardless of whether the person impersonated is a real or an imaginary individual.
The Information Technology Act, 2000, Section 66D, specifically deals with cheating by personation using computer resources. It covers cases where someone uses the internet or digital means to impersonate another person. This provision is applicable in cases of online fraud where impersonation to deceive another person is the key element of the offence.
Punishment:
Under the Bharatiya Nyaya Sanhita (BNS), 2023, Section 319, the punishment is imprisonment of either description for a term up to 5 years or with fine, or both.
Under Section 66D of the IT Act, punishment includes imprisonment of either description up to three years and a fine of up to one lakh rupees.
Examples of Online Impersonation:
- Creating fake social media profiles in someone’s name.
- Sending messages or posts pretending to be another person.
- Using another person’s photos or details to cheat or defame them.
- Hacking into another person’s account and using it to mislead others.
How to Stay Safe:
- Keep your accounts private and use strong passwords.
- Avoid sharing personal details or login information.
- Report fake profiles immediately to the platform and cyber authorities.
- File a complaint through the National Cyber Crime Reporting Portal: www.cybercrime.gov.in or the Cyber Crime Helpline 1930.
Remember:
Pretending to be someone else online is not a joke, it’s a crime.
Respect digital identity, protect your privacy, and report online impersonation immediately.
4. IDENTITY THEFT
What does it mean?
Identity theft happens when someone steals another person’s personal details like their name, photo, Aadhaar number, bank details, or passwords and uses them without permission. This is often done to cheat, commit fraud, or harm the person’s reputation. Various types of financial fraud cases such as phishing, vishing, SIM swap involve identity theft at some level.
Legal Provisions:
Under the Bharatiya Nyaya Sanhita (BNS), 2023, Section 319 deals with cheating by personation. It covers cases where someone pretends to be another person to gain something illegally or cause harm. Using stolen personal details online for such purposes amounts to identity theft.
The Information Technology Act, 2000, Section 66C, specifically punishes identity theft. It states that using another person’s electronic signature, password, or any unique identification feature without consent is an offence.
Punishment:
Under Section 319 of the BNS, the punishment is imprisonment of either description for a term up to 5 years or with fine, or both.
Under Section 66C, the Information Technology Act, 2000, the punishment is imprisonment of either description up to three years and a fine of up to one lakh rupees.
Examples of Identity Theft:
- Using someone’s Aadhaar or PAN details to open a bank account.
- Stealing passwords or OTPs to access another person’s social media or banking apps.
- Misusing someone’s photo or ID for online transactions.
- Using another person’s digital signature to sign documents.
How to Stay Safe:
- Never share OTPs, passwords, or personal details with anyone.
- Use strong and different passwords for each account.
- Regularly check your bank and online accounts for suspicious activity.
- Report incidents at the National Cyber Crime Reporting Portal: www.cybercrime.gov.in or the Cyber Crime Helpline 1930.
Remember:
Your personal data is your digital identity, protect it like your most valuable possession.
Be cautious, stay alert, and act fast if your identity is misused.
5.CYBER EXTORTION
What does it mean?
Cyber extortion occurs when a person threatens to harm an individual, reveal private information, or damage their digital property unless they are paid money or given something of value. Such threats may be made through emails, messages, social media, or other online platforms.
Legal Provisions:
Under the Bharatiya Nyaya Sanhita (BNS), 2023, Section 308 deals with extortion, where a person puts another in fear of injury to themselves or to another person, and dishonestly induces them to deliver valuable property or security. Cyber extortion falls within this provision when such threats are made through online means.
Further, under the Information Technology Act, 2000, Section 66D punishes cheating by personation using computer resources, which may be attracted in cases involving online fraud or deceit.
Punishment:
Under the Bharatiya Nyaya Sanhita (BNS), 2023, Section 308, the punishment may extend to imprisonment of either description for a term up to seven years, or fine, or both. In aggravated cases, the punishment may extend to ten years along with a fine.
Under the Information Technology Act, 2000, Section 66D, the punishment may extend to imprisonment up to three years and a fine up to one lakh rupees.
Examples of Cyber Extortion:
- Threatening to share private photos unless money is paid.
- Demanding ransom after hacking someone’s account or device.
- Sending false threats of harm unless someone complies.
- Blackmailing someone using personal or confidential digital information.
How to Stay Safe:
- Do not pay or comply with threats.
- Keep screenshots, messages, or emails as evidence.
- Inform a trusted person such as a friend, partner, coworker or if a child, your guardian, parent, teacher or trusted elder.
- Report immediately to the National Cyber Crime Reporting Portal: www.cybercrime.gov.in.
Remember:
Threatening someone online for money or any other advantage is a serious criminal offence. Stay calm, keep evidence, and report the matter promptly.
6.False Accusations or Complaints
Being named as a suspect or accused in a false complaint can be an extremely distressing and debilitating experience. In such situations, the affected individual may take legal action against the person who has filed the false complaint. There are several legal provisions under general criminal law, particularly the Bharatiya Nyaya Sanhita, 2023, as well as under certain special statutes, that may be invoked to provide relief to such victims. Depending on the facts and circumstances of each case, the relevant provisions may vary; however, for the purposes of this article, the focus will be on the Bharatiya Nyaya Sanhita, 2023.
Legal Provisions:
There are various provisions in the Bharatiya Nyaya Sanhita, 2023 and depending on who the false accusation or statement was made to, a different provision might apply.
The most common situation is covered under Section 248, of the Bharatiya Nyaya Sanhita, 2023, which deals with false charges made to harm someone. It applies when a person knowingly files a false complaint or accuses another person of committing an offence, even though they are aware that there is no valid or lawful basis for such a claim. The key element of this offence is the intention to harm, harass, or trouble the person against whom the false accusation is made.
Section 217 deals with situations where a person gives false information or makes a false statement to a public servant, such as the police, with the intention of causing them to use their legal powers against another person. This is done to injure or harass the victim, and the harm can be serious when authorities act on such false information.
Giving false evidence can also amount to a form of false accusation. The Bharatiya Nyaya Sanhita, 2023 contains several provisions (Sections 227, 229, 230, 231, and 232) dealing with false evidence in different situations. However, these provisions generally apply only when the false statement is made during a legal proceeding, where the person is legally bound by oath or by law to speak the truth. Similarly, Section 246 applies where a person makes a false claim in court in a fraudulent or dishonest manner with the intention of causing injury to another.
In addition, a person who has been falsely accused may take action for defamation, as making or sharing false statements about someone with the intention of harming their reputation can also give rise to liability.
Punishment:
Under Section 248, the punishment for making a false charge with the intent to injure may extend to imprisonment of either description for up to five years, or fine up to two lakh rupees, or both. If the false charge leads to criminal proceedings for a serious offence punishable with death, life imprisonment, or imprisonment of ten years or more, the punishment may extend to ten years along with a fine.
Under Section 217, providing false information to a public servant with the intention of causing them to misuse their lawful powers may result in imprisonment of up to one year, or a fine up to ten thousand rupees, or both.
For giving false evidence, the punishment varies depending on the nature and consequences of the act:
- Under Section 229, giving false evidence in any stage of judicial proceeding may be punished with imprisonment of up to seven years and a fine up to ten thousand rupees. In other cases, the punishment may extend to three years along with a fine up to five thousand rupees.
- Under Section 230, if false evidence is given or fabricated with the intention of securing conviction for a serious offence, the punishment may extend to life imprisonment or rigorous imprisonment up to ten years, along with a fine up to fifty thousand rupees. If such false evidence leads to the execution of an innocent person, the punishment may extend to death, life imprisonment, or rigorous imprisonment up to ten years, along with a fine.
- Under Section 231, where false evidence is given to secure conviction for an offence punishable with life imprisonment or a term of seven years or more, the offender may be punished with the same sentence as that prescribed for the offence in question.
- Under Section 232, threatening a person to give false evidence may be punished with imprisonment of up to seven years, or fine, or both. If such actions lead to the conviction of an innocent person for a serious offence, the person making the threat may face the same punishment as that imposed on the innocent person.
- Under Section 246, making a false claim in court dishonestly or fraudulently may be punished with imprisonment of up to two years and a fine.
If the victim of a false accusation suffers harm to their reputation, they may also initiate proceedings for defamation, where the punishment may extend to imprisonment, fine, or both.
under Section 356 can be simple imprisonment for a term up to 2 years, or fine, or both, or community service.
Examples of False Accusations:
- Making a false allegation of harassment and filing a complaint due to a personal disagreement.
- Falsely claiming that a person who uses the same mode of public transport is stalking the complainant.
- Making false accusations of molestation against another person.
How to Stay Safe:
- Collect and preserve all available evidence related to the false accusation, such as chat conversations, emails, call recordings, voice notes, social media activity, call logs, and CCTV footage.
- Seek legal counsel at the earliest and act in accordance with their advice.
- Cooperate with the police if approached, but ensure that interactions are documented as far as possible.
- File a preventive complaint, if necessary.
- Apply for anticipatory bail if an FIR has been registered.
Remember:
- Making false allegations, even as a prank, that result in harm or legal consequences for another person is a serious offence.
- If you are a victim, try to remain calm and avoid reacting impulsively or emotionally.
Written by – CHR, NUALS, Kochi
Compiled by – Nikita Mary Abraham
Edited by – Adv. John S Ralph, Adv. Devika Manoj, Adv. Liz Johny
Date: 22-06-2026