Project.docx

UNIVERSITY OF PETROLEUM & ENERGY STUDIES SCHOOL OF LAW

B.A.LL.B (HONS.) WITH SPECIALIZATION IN CRIMINAL/ LABOR LAWS

SEMESTER IV

ACADEMIC YEAR: 2018-19

SESSION: AUGUST-DECEMBER

PROJECT FOR CRIMINAL PROCEDURE CODE 1973

UNDER THE SUPERVISION OF: DR.MAMTA RANA NAME: DEVESH MAHAJAN(39) DIGVIJAY SINGH(40) DIVYA SINGH(41) DIVYANSHU SHUKLA (42)

TOPIC: CYBER BULLYING

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ABSTRACT Cyber bullying is bullying that takes place over digital devices like cell phones, computers, and tablets. Cyber bullying can occur through SMS, Text, and apps, or online in social media, forums, or gaming where people can view, participate in, or share content. Cyber bullying includes sending, posting, or sharing negative, harmful, false, or mean content about someone else. It can include sharing personal or private information about someone else causing embarrassment or humiliation. Some cyber bullying crosses the line into unlawful or criminal behavior. Cyber bullying is the use of technology to harass, threaten, embarrass, or target another person. By definition, it occurs among young people. When an adult is involved, it may meet the definition of cyber-harassment or cyber stalking, a crime that can have legal consequences and involve jail time. Cyber bullying also can happen accidentally. The impersonal nature of text messages, IMs, and emails make it very hard to detect the sender's tone — one person's joke could be another's hurtful insult. Nevertheless, a repeated pattern of emails, texts, and online posts is rarely accidental. Cyber-bullying has more than one definition, cyber-bullying can be defined as "when the Internet, cell phones or other devices are used to send or post text or images intended to hurt or embarrass another person" or as "a situation when a child or teen is repeatedly 'tormented, threatened, harassed, humiliated, embarrassed or otherwise targeted' by another child or teenager using text messaging, e-mail, instant messaging or any other type of digital technology." This research paper basically focuses on the essential functions of the election commission of India. It also includes its importance for the country as this body is very essential for conducting free and fair elections throughout the territory of India. It also includes the loopholes regarding the election commission of India.

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SYNOPSIS Introduction Cyber bullying is bullying that takes place over digital devices like cell phones, computers, and tablets. Cyber bullying can occur through SMS, Text, and apps, or online in social media, forums, or gaming where people can view, participate in, or share content. Cyber bullying includes sending, posting, or sharing negative, harmful, false, or mean content about someone else. It can include sharing personal or private information about someone else causing embarrassment or humiliation. Some cyber bullying crosses the line into unlawful or criminal behavior. Cyber bullying is the use of technology to harass, threaten, embarrass, or target another person. By definition, it occurs among young people. When an adult is involved, it may meet the definition of cyber-harassment or cyber stalking, a crime that can have legal consequences and involve jail time. Sometimes cyber bullying can be easy to spot — for example, if your child shows you a text, tweet, or response to a status update on Face book that is harsh, mean, or cruel. Other acts are less obvious, like impersonating a victim online or posting personal information, photos, or videos designed to hurt or embarrass another person. Some kids report that a fake account, webpage, or online persona has been created with the sole intention to harass and bully.Cyber bullying also can happen accidentally. The impersonal nature of text messages, IMs, and emails make it very hard to detect the sender's tone — one person's joke could be another's hurtful insult. Nevertheless, a repeated pattern of emails, texts, and online posts is rarely accidental. Cyber-bullying has more than one definition, cyber-bullying can be defined as "when the Internet, cell phones or other devices are used to send or post text or images intended to hurt or embarrass another person" or as "a situation when a child or teen is repeatedly 'tormented, threatened, harassed, humiliated, embarrassed or otherwise targeted' by another child or teenager using text messaging, e-mail, instant messaging or any other type of digital technology." The last definition I gave refers only to teens or children because bullying through the internet or cell-phones from adults to adults can be referred to as cyber-stalking which due to word limitation I will not go into. Cyber stalking is a crime in which the attacker harasses a victim using electronic communication, such as e-mail or instant

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messaging (IM), or messages posted to a Web site or a discussion group. A cyber stalker relies upon the anonymity afforded by the Internet to allow them to stalk their victim without being detected. Cyber stalking messages differ from ordinary spam in that a cyber stalker targets a specific victim with often threatening messages, while the spammer targets a multitude of recipients with simply annoying messages. Objectives 1) 2) 3) 4) 5)

To know and understand the meaning and concept of cyber bullying. To know and understand the basic signs of cyber bullying. To know and understand the various types of cyber bullying. To know and understand the effect of cyber harassment. To know and understand the various laws related to cyber bullying. Methodology

This research can be termed under the category of doctrinal research as the types of ways in which the data has been collected in this research fall under the category of non empirical research. Data in this research has been collected from various sources such as statues, books, articles and the different case laws. Chapterization 1) Introduction: Cyber bullying is bullying that takes place over digital devices like cell phones, computers, and tablets. Cyber bullying can occur through SMS, Text, and apps, or online in social media, forums, or gaming where people can view, participate in, or share content. Cyber bullying includes sending, posting, or sharing negative, harmful, false, or mean content about someone else. 2) Cyber bullying: With the invention of the Internet and its mass commercial use, some people might not have foreseen the issue of “cyber bullying” and how harmful it can really be. A non-profit organization called stopcyberbullying.org describes it as, “when a child, preteen or teen is tormented, threatened, harassed, humiliated, embarrassed or otherwise targeted by another child, preteen or teen using the Internet, interactive and digital technologies or mobile phones”. 3) Signs of cyber bullying: There are many signs of cyber bullying which are mentioned in the present project. 4) Types of cyber bullying: There are many types of cyber bullying which are explained in the project. 5) Effect of cyber harassment: Bullying, no matter whether it is traditional bullying or cyber bullying, causes significant emotional and psychological distress. In fact, just like any other victim of bullying, cyber bullied kids experience anxiety, fear, depression, and low self-esteem. They also may deal with low self-esteem, experience physical symptoms, and struggle academically. But targets of cyber bullying also experience some unique consequences and negative feelings 4

6) Cyber bullying protection laws in India: Cyber bullying is a practice that is causing hue and cry in the whole legal system but till date there is no special legislation to deal with cyber bullying in India. It is a new phenomenon which has arisen in this internet age.

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INDEX 1) Introduction.............................................................................................................7 2) Cyber – bullying.......................................................................................................9 3) Signs for cyber bullying...........................................................................................11 4) Types of cyber bullying............................................................................................12 5) Effect of cyber harassment.......................................................................................13 6) Cyber bullying protection laws in India..................................................................16 7) Conclusion................................................................................................................18

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Introduction Cyber bullying is bullying that takes place over digital devices like cell phones, computers, and tablets. Cyber bullying can occur through SMS, Text, and apps, or online in social media, forums, or gaming where people can view, participate in, or share content. Cyber bullying includes sending, posting, or sharing negative, harmful, false, or mean content about someone else. It can include sharing personal or private information about someone else causing embarrassment or humiliation. Some cyber bullying crosses the line into unlawful or criminal behaviour. Cyber bullying is the use of technology to harass, threaten, embarrass, or target another person. By definition, it occurs among young people. When an adult is involved, it may meet the definition of cyber-harassment or cyber stalking, a crime that can have legal consequences and involve jail time. Sometimes cyber bullying can be easy to spot — for example, if your child shows you a text, tweet, or response to a status update on Face book that is harsh, mean, or cruel. Other acts are less obvious, like impersonating a victim online or posting personal information, photos, or videos designed to hurt or embarrass another person. Some kids report that a fake account, webpage, or online persona has been created with the sole intention to harass and bully. Cyber bullying also can happen accidentally. The impersonal nature of text messages, IMs, and emails make it very hard to detect the sender's tone — one person's joke could be another's hurtful insult. Nevertheless, a repeated pattern of emails, texts, and online posts is rarely accidental. Cyber-bullying has more than one definition, cyber-bullying can be defined as "when the Internet, cell phones or other devices are used to send or post text or images intended to hurt or embarrass another person" or as "a situation when a child or teen is repeatedly 'tormented, threatened, harassed, humiliated, embarrassed or otherwise targeted' by another child or teenager using text messaging, e-mail, instant messaging or any other type of digital technology." The last definition I gave refers only to teens or children because bullying through the internet or cell-phones from adults to adults can be referred to as cyber-stalking which due to word limitation I will not go into Cyber stalking is a crime in which the attacker harasses a victim using electronic communication, such as e-mail or instant messaging (IM), or messages posted to a Web site 7

or a discussion group. A cyber stalker relies upon the anonymity afforded by the Internet to allow them to stalk their victim without being detected. Cyber stalking messages differ from ordinary spam in that a cyber stalker targets a specific victim with often threatening messages, while the spammer targets a multitude of recipients with simply annoying messages.

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Cyber – bullying

With the invention of the Internet and its mass commercial use, some people might not have foreseen the issue of “cyber bullying” and how harmful it can really be. A non-profit organization called stopcyberbullying.org describes it as, “when a child, preteen or teen is tormented, threatened, harassed, humiliated, embarrassed or otherwise targeted by another child, preteen or teen using the Internet, interactive and digital technologies or mobile phones”. Cyber bullying occurs among young people and when an adult is involved it’s commonly referred to as cyber stalking or cyber harassment. Researchers have been looking more into this realm ever since it started to grow rapidly. Cyber bullying occurs frequently towards a person, repeatedly causing abuse and hostility. This amount can add up and leave the teen at a loss of how to make it stop. Teenagers have gone to the lengths of committing suicide because the bullying was that bad like in Megan Meier’s case in 2006 in which she was cyber bullied over MySpace. It affects teenagers mostly because that’s a very fragile state in one’s life. “Over half of adolescents and teens have been bullied online, and about the same number have engaged in cyber bullying” says bullyingstatistics.org. Cyber bullying can lead to anxiety, depression, and like previously stated, suicide. It also doesn’t help that since things circulate online a lot, the pain of cyber bullying can reoccur since nothing is ever truly taken down from the Internet. People who are bullying online think it’s funny. In some cases they want to hurt or harm the person they’re bullying, like in Megan Meier’s case. The cyber bullies think it’s ok for them to do this to people, when in reality it’s not. Cyber bullies think nothing will ever come of their actions, but in the past it has proven that things can result. While the big problem being the teens that are doing the bullying, another issue we need to look at is the communication between the person being bullied and their parents/authority figures. It is said, “Well over half of young people do not tell their parents when cyber bullying occurs.” Teens are not feeling comfortable with telling their parents and thus never getting help with the issue and it continues to occur. In a situation that seems rather helpless, the people that can help the teens are their parents or authority figures. Teens sometimes feel like if they were to tell their parents about it, they’d lose their online privileges. Going along with teens not telling their parents, it was reported, “Fewer than 1 in 5 cyber bullying incidents are reported to law enforcement.” Cyber bullying is something that is going to happen no matter what and when looking at it as a problem you have to look at all angles to 9

try and understand it. The Cyber bullying Research Centre reported that, “About half of young people have experienced some form of cyber bullying, and 10 to 20 percent experience it regularly.” Another big aspect of the problem of bullying is how accessible forms of electronic communications are to teens. “Over 80 percent of teens use a cell phone regularly, making it the most popular form of technology and a common medium for cyber bullying.” Since the fact that the use of cell phones by teen has risen so much, it’s easy to see how it has contributed to this problem. It makes it an easy medium for bulling to occur. In addition to that, with most households having a computer, it then creates more possibilities for it to occur. One of the last big aspects that contribute to this problem is the mere fact that it happens online or via cell phone. This way the person being bullied doesn’t know who it is and that allows the bully to be anonymous. This makes the bully feel like nothing will come of it because their identity is not known. It may even cause them to bully them more. Cyber bullying is a huge problem in our society because it can cause harm to teens everywhere. It can lead to depression, anxiety or even suicide. Teens feel like they are untouchable sitting behind the computer because of their anonymity. Teens who are bullied feel helpless and they don’t like to tell their parents about what is happening. It’s also a very tough thing to govern because not many kids are vocal about it and it’s tough for schools to get involved if the bullying didn’t occur in school. With technology ever changing, one might not doubt that Cyber bullying is an issue that will only get worse with time and actions need to be taken to help the issue.

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Signs of cyber bullying

Many kids and teens who are cyber bullied don't want to tell a teacher or parent, often because they feel ashamed of the social stigma or fear that their computer privileges will be taken away at home. Signs of cyber bullying vary, but may include: 

being emotionally upset during or after using the Internet or the phone

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being very secretive or protective of one's digital life

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withdrawal from family members, friends, and activities

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avoiding school or group gatherings

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slipping grades and "acting out" in anger at home

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changes in mood, behaviour, sleep, or appetite

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wanting to stop using the computer or cell phone

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being nervous or jumpy when getting an instant message, text, or email

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avoiding discussions about computer or cell phone activities

The most common places where cyber bullying occurs are: 

Social Media, such as Face book, Integra, Snap chat, and Twitter

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SMS (Short Message Service) also known as Text Message sent through devices

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Instant Message (via devices, email provider services, apps, and social media messaging features)

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Email

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Types of cyber bullying Cyber bullying is a worldwide problem and one that is growing – fast! Because cyber bullying can happen in a variety of ways, each of which needs to be dealt with differently, it’s important that you are able recognize them. In this blog post we take you through the 10 forms of cyber bullying so that you have the knowledge to protect your children. 1. Exclusion Exclusion is the deliberate act of leaving you out. Exclusion is the deliberate act of leaving someone out. Exclusion can happen in a number of ways: • Your child might be excluded from friends’ parties or activities. • Your child’s friends are having online conversations and tagging other friends but not them. • Your child isn’t using social networking sites or doesn’t have a Smartphone and is deliberately excluded from conversations by others because of this. 2. Harassment Harassment is a sustained, constant and intentional form of bullying comprising abusive or threatening messages sent to your child or to a group. This is a very dangerous form of cyber bullying. It can have serious implications for your child’s wellbeing. The messages are generally unkind or malicious, can impact their selfesteem and confidence, and can make them fearful. The constant messaging means that there is no respite from the cyber bully. The cyber bully makes extreme effort to cause fear and pain. 3. Outing Outing is a deliberate act to embarrass or publicly humiliate your child or a group through the online posting of sensitive, private or embarrassing information without their consent. Outing can happen in a variety of ways and the information revealed can be serious or trivial. Even reading out your child’s saved messages on their mobile phone can be considered a

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form of outing. Personal information should not be shared and if someone reveals private information deliberately be sure your child knows to report it as cyber bullying 4. Cyber stalking This form of cyber bullying can extend to the cyber bully making real threats to your child’s physical wellbeing and/or safety. Cyber stalking can also refer to the practice of adults using the Internet to contact and attempt to meet with young people for sexual purposes. It is a very dangerous form of cyber bullying and can have serious consequences if something isn’t done immediately to stop it.

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Effects of cyber harassment

Bullying, no matter whether it is traditional bullying or cyber bullying, causes significant emotional and psychological distress. In fact, just like any other victim of bullying, cyber bullied kids experience anxiety, fear, depression, and low self-esteem. They also may deal with low self-esteem, experience physical symptoms, and struggle academically. But targets of cyber bullying also experience some unique consequences and negative feelings. Here are some common feelings cyber bullied teens and teens often experience. Feel overwhelmed. Being targeted by cyber bullies is crushing especially if a lot of kids are participating in the bullying. It can feel at times like the entire world knows what it is going on. Sometimes the stress of dealing with cyber bullying can cause kids to feel like the situation is more than they can handle. Feel vulnerable and powerless. Victims of cyber bullying often find it difficult to feel safe. Typically, this is because the bullying can invade their home through a computer or cell phone at any time of day. They no longer have a place where they can escape. To a victim, it feels like the bullying is everywhere. Additionally, because the bullies can remain anonymous, this can escalate feelings of fear. Kids who are targeted have no idea who is inflicting the pain—although some cyber bullies choose people they know. Feel exposed and humiliated. Because cyber bullying occurs in cyberspace, online bullying feels permanent. Kids know that once something is out there, it will always be out there. When cyber bullying occurs, the nasty posts, messages or texts can be shared with multitudes of people. The sheer volume of people that know about the bullying can lead to intense feelings of humiliation. Feel dissatisfied with who they are. Cyber bullying often attacks victims where they are most vulnerable. As a result, targets of cyber bullying often begin to doubt their worth and value. They may respond to these feelings by harming themselves in some way. For instance, if a girl is called fat, she may begin a crash diet with the belief that if she alters how she looks then the bullying will stop. Other times victims will try to change something about their appearance or attitude in order to avoid additional cyber bullying. Feel angry and vengeful. Sometimes victims of cyber bullying will get angry about what is happening to them. As a result, they plot revenge and engage in retaliation. This approach is 14

dangerous because it keeps them locked in the bully-victim cycle. It is always better to forgive a bully than it is to get even. Feel disinterested in life. When cyber bullying is ongoing, victims often relate to the world around them differently than others. For many, life can feel hopeless and meaningless. They lose interest in things they once enjoyed and spend less time interacting with family and friends. And in some cases depression and thoughts of suicide can set in. If you notice a change in your child's mood, get him evaluated by a doctor as soon as possible. Feel alone and isolated. Cyber bullying sometimes causes teens to be excluded and ostracized at school. This experience is particularly painful because friends are crucial at this age. When kids don’t have friends, this can lead to more bullying. What's more, when cyber bullying occurs, most people recommend shutting off the computer or turning off the cell phone. But, for teens this often means cutting off communication with their world. Their phones and their computers are one of the most important ways they communicate with others. If that option for communication is removed, they can feel secluded and cut off from their world. Feel disinterested in school. Cyber bullying victims often have much higher rates of absenteeism at school than non-bullied kids. They skip school to avoid facing the kids bullying them or because they are embarrassed and humiliated by the messages that were shared. Their grades suffer too because they find it difficult to concentrate or study because of the anxiety and stress the bullying causes. And in some cases, kids will either drop out of school or lose interest in continuing their education after high school. Feel anxious and depressed. Victims of cyber bullying often succumb to anxiety, depression and other stress-related conditions. This occurs primarily because cyber bullying erodes their self-confidence and self-esteem. Additionally, the added stress of coping with cyber bullying on a regular basis erodes their feelings of happiness and contentment. Feel ill. When kids are cyber bullied, they often experience headaches, stomach-aches or other physical ailments. The stress of bullying also can cause stress-related conditions like stomach ulcers and skin conditions. Additionally, kids who are cyber bullied may experience changes in eating habits like skipping meals or binge eating. And their sleep patterns may be impacted. They may suffer from insomnia, sleep more than usual or experience nightmares.

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Feel suicidal. Cyber bullying increases the risk of suicide. Kids that are constantly tormented by peers through text messages, instant messaging, social media and other outlets, often begin to feel hopeless. They may even begin to feel like the only way to escape the pain is through suicide. As a result, they may fantasize about ending their life in order to escape their tormentors. If your child is being cyber bullied, do not dismiss their feelings. Be sure you communicate daily, take steps to help end the torment and keep close tabs on changes in mood and behaviour.

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Cyber bullying/cybercrime protection laws in India

Cyber bullying is a practice that is causing hue and cry in the whole legal system but till date there are no special legislation to deal with cyber bullying in India. It is a new phenomenon which has arisen in this internet age. Cyber bullying can be defined as “The use of electronic communication to bully a person, typically by sending messages of an intimidating or threatening nature.”1. In India, there is no specific legislation which deals with cyber bullying but there are provisions like article 67 of IT Act which partially deal with such matters. Though, it was made to deal with matters related to e-commerce. However, the provisions of Information technology act can be used for prosecuting the accused of cyber bullying. But still we need very specific legislation to deal with it as in the 21st century by the passing of time this crime is continuously growing. The Ryan Halligan Case of Vermont (2003) was the first case that dealt with the issue of cyber bullying in which the defendant was not held liable for cyber bullying the girl because of criminal law could not be applied in that matter. Recently, there have been several instances of cyber bullying of persons from LGBT group on facebook and other social media apps. Such acts make the victims depressed, isolated and sometimes even lead to suicidal tendencies. According to a survey conducted by Microsoft about the global Youth found that surprisingly 53% of children have been bullied in India through different ways. This scenario is not just in India but in China, Australia, Europe and other countries. It is not just youths but people of all age groups face this problem and the biggest challenge is recognizing the bully on internet or cyberspace. The technological barriers act as a hindrance in dealing with such issues. Institutional infrastructure needs to be developed to deal with this set of bullying. In the present era of rampant growth of cyber bullying it is the biggest challenge for the legislators to deal with.

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Oxford Dictionary.

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Conclusion

In conclusion although the internet and mobile phones communication systems make our lives easier and play a very important role in our activities, it is unfortunate that they have been poisoned and destroyed by being used to abuse others. The positive aspects of the internet and mobile phones cannot be questioned or enumerated however what I am mostly certain of is that the negative aspects are just as great in number and in seriousness. As a Kevin Brennan said: "Cyber bullying is the unacceptable face of new technology, and we need concerted action across society to address it. Schools must play a key role, and this new guidance will help them to identify and tackle instances of cyber bullying more effectively, as well as providing practical advice and information on how to prevent it." Cyber-bullying is on the rise and it affects almost anyone that possesses and uses a computer or a cell-phone but the idea of stopping or obstructing cyber-bullying seems to be very far. Cyber-bullying exists in schools, out of schools and everywhere and since parents are not totally controlling their child's actions in and out of school, it is very hard to follow the plans of bullies. While school violence as a whole is declining, bullying behaviours have increased by 5%.Furthermore, the last months of 2010; there were multiple suicide deaths as a result of cyber-bullying. There are lots of reasons that could lead a person to bully another and there are even more sources of traps that could lead the bullied person to remain silent and contribute in this way to the growing problem. The saddest part of the whole story is that at the end of the day we don’t have any specific and strict legislation for the same. We hope that soon legislation would come to fill this existing gap.

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