Cyber bullying — repeated harassment, intimidation, or humiliation through digital means — is punishable under multiple Indian laws, even though India does not have a single dedicated "cyber bullying" statute. Depending on the nature of the bullying, it can be prosecuted under the Information Technology Act, 2000 (Sections 66C, 66E, 67) and the Bharatiya Nyaya Sanhita, 2023 (Sections 75, 77, 351, 356). Punishments range from 3 months to 7 years imprisonment depending on the severity. If you are being cyber bullied, you can report it to the cybercrime portal (cybercrime.gov.in), call the helpline at 1930, and file a police complaint.
Why this matters
Cyber bullying affects millions of Indians, particularly students, young adults, and women. Unlike traditional bullying, online harassment follows you everywhere — into your home, your bedroom, your phone. Morphed images, threatening messages, public shaming, doxxing (publishing private information), and coordinated harassment campaigns can cause severe psychological harm, academic damage, and in extreme cases, lead to self-harm or suicide. India's laws provide real remedies, but most victims do not know they exist.
What constitutes cyber bullying under Indian law
While there is no single legal definition of "cyber bullying" in Indian statute, the following behaviours are criminal offences:
1. Online threats and intimidation
Sending threatening messages — including death threats, threats of physical violence, or threats to damage reputation — constitutes criminal intimidation under Section 351 of the BNS. This includes threats sent through email, WhatsApp, social media DMs, or any digital platform.
Punishment: Up to 2 years imprisonment, or fine, or both. If the threat is to cause death or grievous hurt, up to 7 years.
Section 351(4) of the BNS specifically addresses criminal intimidation through anonymous communication — a common feature of cyber bullying.
2. Sexual harassment online
Unwelcome sexual comments, requests for sexual favours, sharing sexually coloured remarks, or sending explicit content is sexual harassment under Section 75 of the BNS. When directed at women through digital platforms, it is punishable with up to 3 years imprisonment and fine.
3. Privacy violations
Capturing, publishing, or transmitting images of a person's private areas without consent is punishable under Section 66E of the IT Act (up to 3 years imprisonment + Rs 2 lakh fine) and Section 77 of the BNS (voyeurism — up to 3 years for first offence, up to 7 years for repeat offence).
4. Identity theft and impersonation
Creating fake accounts using someone's identity to bully or defame them is identity theft under Section 66C of the IT Act (up to 3 years + Rs 1 lakh fine).
5. Defamation
Posting false statements to damage someone's reputation is defamation under Section 356 of the BNS (up to 2 years imprisonment + fine). This includes social media posts, comments, reviews, and messages.
6. Obscene content
Publishing or transmitting obscene material in electronic form is punishable under Section 67 of the IT Act (up to 5 years + Rs 10 lakh fine for first offence).
7. Insult to modesty
Words, gestures, or acts intended to insult the modesty of a woman, including through digital means, are punishable under Section 79 of the BNS.
Step-by-step: What to do if you are being cyber bullied
Step 1: Do not engage with the bully
The first rule is: do not respond, retaliate, or engage. Bullies often feed on reactions. Mute, block, and restrict the person on all platforms. Do not delete their messages — you need them as evidence.
Step 2: Document everything
Save screenshots of every bullying message, post, comment, and image. Record:
- The content of the bullying (screenshots with timestamps)
- The URL of posts or profiles involved
- The bully's profile details (username, profile URL, phone number)
- Dates and times of each incident
- Names of any witnesses (people who saw or received the content)
In practice: Email screenshots to yourself for a timestamped record. Consider getting critical evidence notarised for stronger evidentiary value.
Step 3: Report to the platform
Report the bullying content to the social media platform using its built-in reporting tools. Every major platform has anti-harassment policies:
- Instagram/Facebook: Report > Bullying or Harassment
- X (Twitter): Report > Abusive or harmful > Harassment
- WhatsApp: Report contact
- YouTube: Report > Harassment and bullying
Platforms must acknowledge complaints within 24 hours under the IT Intermediary Guidelines.
Step 4: File a complaint on cybercrime.gov.in
Register on cybercrime.gov.in and file a complaint under the relevant category. Upload all your evidence. You will receive a complaint number for tracking.
Step 5: File a police complaint
Visit your nearest police station or cyber crime police station and file a complaint. Depending on the nature of the bullying, the FIR can be registered under the IT Act and BNS sections listed above.
In practice: If the police are reluctant to take action for "just online messages," remind them that criminal intimidation (Section 351, BNS) and sexual harassment (Section 75, BNS) are cognizable offences. If they refuse, approach the Superintendent of Police or file a complaint before the Judicial Magistrate.
Step 6: Seek legal and psychological support
Cyber bullying takes a real mental health toll. Reach out to:
- iCall Psychosocial Helpline: 9152987821 (Mon-Sat, 8am-10pm)
- Vandrevala Foundation: 1860-2662-345 (24/7)
- NALSA free legal aid: 15100
- National Commission for Women: 7827-170-170 (for women facing online harassment)
Special protections for children
Children face some of the worst cyber bullying. Indian law provides enhanced protections:
- POCSO Act, 2012: If the bullying involves sexual content targeting a child (under 18), it is punishable under the Protection of Children from Sexual Offences Act with imprisonment of 3-7 years.
- Juvenile Justice Act, 2015: Addresses the protection of child victims and the rehabilitation of juvenile offenders engaged in cyber bullying.
- DPDP Act, 2023: Bans behavioural monitoring and targeted content directed at children, which can be used to facilitate bullying.
In practice: Parents should monitor children's online activity, maintain open communication about online experiences, and know the reporting channels. Schools have an obligation to address bullying under CBSE and state board guidelines.
What if things go wrong
If the bullying is anonymous
Anonymous bullies can be traced through digital forensics — IP addresses, device identifiers, and account creation records. File a complaint with the cybercrime portal and request the police to investigate the identity of the bully through platform records.
If the bullying is by a group
Coordinated harassment by a group is treated as a more serious offence. Each participant is individually liable. Document the involvement of each person and report all of them.
If the bullying leads to mental health crisis
If you or someone you know is in immediate danger of self-harm, call 112 (emergency number) or iCall at 9152987821. Cyber bullying that leads to suicide is an abettable offence — under Section 108 of the BNS, abetment of suicide is punishable with up to 10 years imprisonment.
Documents and resources you need
- National Cyber Crime Reporting Portal: https://cybercrime.gov.in
- Cybercrime helpline: 1930
- iCall Psychosocial Helpline: 9152987821
- Vandrevala Foundation: 1860-2662-345 (24/7 mental health support)
- NCW helpline: 7827-170-170 (for women)
- NALSA legal aid: 15100
- Screenshots and evidence — of all bullying content with timestamps
Common myths
Myth: Cyber bullying is not a real crime — it is just people being mean online. Reality: Depending on the conduct, cyber bullying can constitute criminal intimidation, sexual harassment, defamation, identity theft, or obscene content publication — all of which are criminal offences punishable with imprisonment.
Myth: If you block the bully, the problem is solved. Reality: Blocking stops direct contact but does not prevent the bully from posting about you publicly, creating fake accounts, or harassing you through other people. Legal action may be necessary to stop the behaviour.
Myth: Children cannot file cybercrime complaints. Reality: A parent or guardian can file a complaint on behalf of a child. The cybercrime portal accepts complaints from any person, and police stations must register cases involving child victims.
Myth: Section 66A of the IT Act covers cyber bullying. Reality: Section 66A was struck down as unconstitutional by the Supreme Court in Shreya Singhal v. Union of India (2015) on free speech grounds. However, other provisions of the IT Act and BNS adequately cover cyber bullying behaviours.
The law behind this
| Behaviour | IT Act Section | BNS Section | Max Punishment |
|---|---|---|---|
| Online threats | — | Section 351 | 2-7 years |
| Sexual harassment | — | Section 75 | 3 years + fine |
| Privacy violations | Section 66E | Section 77 | 3-7 years |
| Identity theft | Section 66C | — | 3 years + Rs 1 lakh |
| Defamation | — | Section 356 | 2 years + fine |
| Obscene content | Section 67 | — | 5 years + Rs 10 lakh |
| Insult to modesty | — | Section 79 | 3 years + fine |
| Anonymous intimidation | — | Section 351(4) | 2 years + fine |
Frequently asked questions
Is cyber bullying a bailable or non-bailable offence? It depends on the specific offence charged. Criminal intimidation (Section 351, BNS) and sexual harassment (Section 75, BNS) are generally bailable offences. However, if the bullying involves serious threats, sexual content involving minors, or stalking, the charges may be non-bailable.
Can I sue the bully for compensation? Yes. Beyond criminal prosecution, you can file a civil suit for damages claiming compensation for mental distress, reputational harm, and any financial loss caused by the bullying.
What if the bully is a minor? If the bully is under 18, the case is handled under the Juvenile Justice Act, 2015. The focus is on rehabilitation rather than punishment. The juvenile may be sent to a counselling programme or observation home rather than prison.
Do schools have any obligation to address cyber bullying? CBSE and several state education boards have issued guidelines requiring schools to address bullying, including cyber bullying. Schools are expected to have anti-bullying policies and counselling support.