|
Title:
|
CYBERSTALKING IN INDIA: 'A LEGISLATIVE DILEMMA' |
|
Author(s):
|
Ameema Miftha, Marc Conrad and Marcia Gibson |
|
ISBN:
|
978-989-8704-26-9 |
|
Editors:
|
Piet Kommers and Pedro Isaías |
|
Year:
|
2021 |
|
Edition:
|
Single |
|
Keywords:
|
Cyberstalking, Cyber Laws, Tort, India, Legislation |
|
Type:
|
Short |
|
First Page:
|
279 |
|
Last Page:
|
282 |
|
Language:
|
English |
|
Cover:
|
|
|
Full Contents:
|
click to dowload 
|
|
Paper Abstract:
|
Cyberstalking legislation in India suffers from perceived weakness, where ambiguity can result in the legality and ability
for prosecution, to be unclear in practice for law enforcement and everyday citizens. As a result, it has been argued that the
law should be clarified and explained at greater lengths. A key dilemma for those seeking to prosecute, is that the existing
legislation fails to classify whether cyber-stalking should be treated as being a crime or a tort (i.e., civil matter). India is no
exception in failing to make its stance clear on cyberstalking. The IPC (Indian Penal Code) is yet to explicitly declare it a
specific punishable offence and not just a yet another incidence of harassment, nuisance, defamation or stalking. Also, the
technology-based nature means cyber stalking can become discomforting territory for the courts. Whether or not action is
possible in tort law is worth arguing. It has been found that the correct cause of legal action is hard to tell prima facie by
merely generalizing the different incidents on cyberstalking. It is worth stating that each incident varies on the extent and
the degree of crime, and India needs a more comprehensive law for ensuring justice. |
|
|
|
|
|
|
