Answer By law4u team
In India, the law addresses technological abuse or cyberstalking in domestic relationships through various legal provisions, including the Information Technology Act, 2000, and the Protection of Women from Domestic Violence Act, 2005 (PWDVA). Here's how these laws address technological abuse and cyberstalking: Information Technology Act, 2000 (IT Act): The IT Act contains provisions related to various cybercrimes, including cyberstalking, cyberbullying, and online harassment. Section 66A of the IT Act criminalized the sending of offensive messages through communication services, but this provision was struck down by the Supreme Court of India in 2015 for being unconstitutional. However, other provisions of the IT Act, such as Section 66E (violation of privacy) and Section 67 (publishing or transmitting obscene material), can be invoked to address instances of technological abuse and cyberstalking. Protection of Women from Domestic Violence Act, 2005 (PWDVA): The PWDVA recognizes various forms of domestic violence, including emotional or psychological abuse, which can encompass technological abuse or cyberstalking. Under the PWDVA, victims of domestic violence, including cyberstalking, can seek protection orders, such as a protection order prohibiting the perpetrator from contacting, harassing, or stalking the victim through electronic communication or social media platforms. Victims can also seek other forms of relief under the PWDVA, including residence orders, monetary relief, custody orders, and compensation for damages suffered as a result of domestic violence, including technological abuse. Indian Penal Code (IPC): Several provisions of the IPC may also be applicable to instances of cyberstalking or technological abuse in domestic relationships. For example: Section 354D of the IPC specifically addresses stalking, including cyberstalking, and provides for criminal penalties for the offense. Section 509 of the IPC deals with offensive gestures or acts intended to insult the modesty of a woman, which can include online harassment or cyberbullying. Legal Remedies and Support Services: Victims of technological abuse or cyberstalking in domestic relationships can seek legal remedies through the criminal justice system by filing police complaints or initiating legal proceedings. Additionally, victims can seek assistance from support services, helplines, crisis intervention centers, and NGOs that provide counseling, legal advocacy, and other forms of support to survivors of domestic violence and cyberstalking. Overall, the law in India addresses technological abuse and cyberstalking in domestic relationships through a combination of legal provisions, including the IT Act, PWDVA, and IPC, as well as through legal remedies and support services aimed at protecting victims and holding perpetrators accountable for their actions.
