Law4u - Made in India

Can Telephone Harassment Of Elders Be Dealt Under Cybercrime Laws?

Answer By law4u team

Telephone harassment of elders, including repeated calls, abusive messages, or threats via phone, falls within the ambit of cybercrime laws in many jurisdictions. The Information Technology Act, 2000 (IT Act) in India and similar laws elsewhere provide mechanisms to address such harassment and protect senior citizens from digital abuse.

Dealing With Telephone Harassment Under Cybercrime Laws

Information Technology (IT) Act, 2000 (India)

  • Sections 66A (though struck down, related provisions on offensive messages remain), 66D (cheating by impersonation), and 66E (privacy violations) can be invoked.
  • Section 66A was related to sending offensive messages via communication service but is currently struck down; however, other sections still protect against harassment.

Cyberstalking and Cyber Harassment

  • Repeated phone calls, voice messages, or SMS that cause distress may be considered cyberstalking.
  • Section 354D of the Indian Penal Code (IPC) deals with stalking, which can include electronic communication.

Telecommunications Laws

  • Telecom Regulatory Authority of India (TRAI) guidelines prohibit unsolicited calls and harassment.
  • Complaints can be lodged with telecom service providers and authorities.

Filing Complaints

  • Victims can file FIRs at local police stations citing cybercrime harassment.
  • Cybercrime cells are equipped to investigate telephone harassment complaints.
  • Protection Officers can assist elders in filing and following up complaints.

Preventive Measures

  • Use call blocking and do-not-disturb features.
  • Report and document harassment incidents.
  • Seek legal advice and protection orders if necessary.

Consumer Safety Tips

  • Keep a log of all harassing calls and messages with dates and times.
  • Avoid sharing personal phone numbers with unknown or suspicious contacts.
  • Use official channels to block and report abusive callers.
  • Educate elders about safe phone and internet use.
  • Contact Protection Officers or cybercrime units promptly when harassment occurs.

Example

Situation:

Mrs. Rani, a senior citizen, received frequent abusive and threatening phone calls from an unknown number.

Steps Taken:

  • Mrs. Rani documented the call details and recorded threatening messages.
  • She approached the local police and filed a complaint citing cyber harassment.
  • The cybercrime cell traced the caller and initiated legal proceedings.
  • Protection Officers assisted Mrs. Rani in understanding her rights.
  • The court issued an injunction preventing the harasser from making further calls.
  • Mrs. Rani felt secure and empowered after the legal intervention.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Chinmay H Acharya

Advocate Chinmay H Acharya

Anticipatory Bail, Consumer Court, Cheque Bounce, Divorce, Family, Criminal, Cyber Crime, Child Custody, Court Marriage, R.T.I, High Court, Motor Accident, Recovery, Muslim Law

Get Advice
Advocate Pramod Kumar Tewari

Advocate Pramod Kumar Tewari

Criminal, Cheque Bounce, Family, Consumer Court, Anticipatory Bail

Get Advice
Advocate Mithilesh Kumar Singh

Advocate Mithilesh Kumar Singh

Anticipatory Bail, Cheque Bounce, Consumer Court, Family, Criminal

Get Advice
Advocate Namita Verma

Advocate Namita Verma

Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, Motor Accident, Muslim Law, Revenue, Breach of Contract, Civil, Child Custody, Cheque Bounce

Get Advice
Advocate Amol Balu Chandole

Advocate Amol Balu Chandole

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Cheque Bounce, Child Custody, Civil, Divorce, Domestic Violence, Family, Insurance, International Law, Motor Accident, Muslim Law, Property, Recovery, Succession Certificate, Trademark & Copyright, Wills Trusts, Revenue, R.T.I, Supreme Court, Landlord & Tenant, Medical Negligence, Media and Entertainment, Cyber Crime, Criminal, Court Marriage, Corporate, Customs & Central Excise, Consumer Court, Breach of Contract, Banking & Finance, Documentation, Armed Forces Tribunal, High Court, GST, Immigration, Labour & Service, NCLT, RERA, Patent, Startup, Tax

Get Advice
Advocate P Ramesh.  Ms.c.hrd.llb

Advocate P Ramesh. Ms.c.hrd.llb

Civil, Criminal, Family, High Court, Supreme Court

Get Advice
Advocate Nirmala Upadhya

Advocate Nirmala Upadhya

Arbitration,Cheque Bounce,Civil,Consumer Court,Criminal,Family,High Court,Labour & Service,Motor Accident,NCLT,

Get Advice
Advocate Nootan Singh Thakur

Advocate Nootan Singh Thakur

Civil, Consumer Court, Family, Property, Landlord & Tenant, Divorce, Documentation, Criminal, Cheque Bounce, Wills Trusts, Revenue

Get Advice

Cyber and Technology Law Related Questions

Discover clear and detailed answers to common questions about Cyber and Technology Law. Learn about procedures and more in straightforward language.