Cyberbullying – A Critical Analysis of Laws, Criminal Responsibility and Jurisdiction
Journal of Contemporary Issues in Business and Government,
2021, Volume 27, Issue 3, Pages 2643-2650
AbstractIt is vital to look upon the data of Cyber Bullying cases and the age for which the accused is held responsible. Statistics reveals that criminal minded people who are on the borderline of the ‘age’ who could be charged under IPC for some blunt crimes are being treated liberally. Cyberbullying, also known as Internet bullying, is a form of criminal activity that falls under the broadcategory of cybercrime. Since there are different types of cyberbullying and abuse, it’s crucial to know what counts as “cyberbullying.” If we look at the dictionary meaning of a bully, we can see that it is described as “seek to hurt, threaten, or coerce - someone perceived as vulnerable”. Bullying is described as any individual or group of individuals who seeks to injure, coerce, intimidate, or threaten another.Such actions or action are most commonly seen on social media sites as well as in chat boxes and gaming websites. Cyberbullying occurs when an individual or group of people bullies or harasses another person using digital technology on the internet or in another digital sphere. This can include things like posting private photographs and videos without permission, creating fake accounts and spamming groups or individuals online, body shaming, making memes and videos of people, often celebrities, making mess ups or slips, and so on. According to a 2016 UNICEF survey, one in every three internet users worldwide is a child, while the latest ‘India Internet Report 2019’ indicates that two out of every 3internet users in India are between the ages of 12 and 29. As a result of their psychological nature, this community of internet users is often targeted by online bullies. The number of incidents of cyberbullying and abuse has increased as a result. Indian women and teenagers became the victim of Cyberbullying and cases increased by 36% in just one year.
- Craig, Wendy, Meyran Boniel-Nissim, Nathan King, Sophie D. Walsh, Maartje Boer, Peter D. Donnelly, Yossi Harel-Fisch et al. “Social media use and cyber-bullying: a cross-national analysis of young people in 42 countries.” Journal of Adolescent Health 66, no. 6 (2020): S100-S108
- UNICEF. “UNICEF Poll: More than a third of young people in 30 countries report being a victim of online bullying.” (03 September 2019). Retrieved from https://www.unicef.org/press-releases/unicef-poll-more-third-young-people-30-countries-report-being-victim-online-bullying (Last accessed 22 May 2021).
- Government of India, MyGov.in (2020). Cyberbullying – A Changing Trend of Modern Crime. Retrived from https://blog.mygov.in/cyberbullying-a-changing-trend-of-modern-crime/ (Last accessed 22 May 2021).
- Maheshwari, Rhea. “1 in 10 Indian Adolescents Faces Cyberbullying, Half Don’t Report: Study,” IndiaSpend. (13 March 2020). Retrived from https://www.indiaspend.com/1-in-10-indian-adolescents-faces-cyberbullying-half-dont-report-study/ (Last accessed 22 May 2020).
- Morgan, Riley. “How young is too young? The age of criminal responsibility around the world,” SBS News (22 November 2017). Retrieved from https://www.sbs.com.au/news/how-young-is-too-young-the-age-of-criminal-responsibility-around-the-world (Last accessed 22 May 2020).
- Maheshwari, “1 in 10 Indian Adolescents Faces Cyberbullying. Half Don’t Report: Study,’ IndiaSpend.
- Goswami, S., U. Saha, and S. Bose. “An information management system for crime against women in India from news: a big data solution.” Data Mining Knowl. Eng 8, no. 2 (2016): 48-57..
- Maheshwari, Rhea. “1 in 10 Indian Adolescents Faces Cyberbullying. Half Don’t Report: Study,” IndiaSpend.
- Karthikeyan, C. “Social and Legislative Issues in Handling Cyberbullying in India.” In Handbook of Research on Cyberbullying and Online Harassment in the Workplace, pp. 447-466. IGI Global, 2021.
- National Commission for Women, New Delhi. “Legal Module: Gender Sensitization and Legal Awareness Programme in collaboration with Kendriya Vidyalaya Sangathan for Class XI and XII of Kendriya Vidyalayas,” pp. 20. September 2019.
- S. 354D, The Indian Penal Code, 1960.
- State of West Bengal v. Animesh Boxi, C.R.M. No. 11806 of 2017, GR/1587/2017
- Bandewar, Sunita Vs, Amita Pitre, and Lakshmi Lingam. “Five years post Nirbhaya: Critical insights into the status of response to sexual assault.” Indian journal of medical ethics 3, no. 3 (2018): 215-221.
- Dey, Tumpa. “Sexual harassment in organizations: An investigation of the# Me Too movement in India.” International Journal for Advance Research and Development 4, no. 5 (2019): 61-73.
- Craig, Wendy, Meyran Boniel-Nissim, Nathan King, Sophie D. Walsh, Maartje Boer, Peter D. Donnelly, Yossi Harel-Fisch et al. “Social media use and cyber-bullying: a cross-national analysis of young people in 42 countries.” Journal of Adolescent Health 66, no. 6 (2020): S100-S108.
- Markvichit, Mutita, Sunee Kanyajit, Apasiri Suwannanon, Thasuk Junprasert, and Patchara Sinloyma. “Cyber-delinquency of Thai Students and Creating Knowledge and Raising Awareness of Cybercrime for Thai Educational Institutions.” Psychology and Education Journal 58, no. 4 (2021): 1880-1888.
- Prakhar Sharma v. The State of Madhya Pradesh, MCRC No. 377 of 2018.
- Hareesh v. State of Kerala, Bail Application No. 4858 of 2018.
- The Times of India, “UGC asks universities to take steps against ragging,” (5 November 2020). Retrieved from https://timesofindia.indiatimes.com/home/education/news/ugc-asks-universities-to-take-steps-against-ragging/articleshow/79058448.cms (Last accessed 22 May 2021).
- The Juvenile Justice (Care and Protection of Children) Act, 2015.
- Grisso, Thomas Ed, and Robert G. Schwartz. Youth on trial: A developmental perspective on juvenile justice. University of Chicago Press, 2000.
- Singer, Simon I. “Sentencing juveniles to life in prison: The reproduction of juvenile justice for young adolescents charged with murder.” Crime & Delinquency 57, no. 6 (2011): 969-986.
- Agarwal, Deepshikha. “Juvenile delinquency in India—Latest trends and entailing amendments in Juvenile Justice Act.” People: International Journal of Social Sciences 3, no. 3 (2018): 1365-1383.
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