India does not have a single law called the “Cyberbullying Act.” What exists instead is a patchwork of provisions borrowed from the Information Technology Act, 2000, the Bharatiya Nyaya Sanhita, 2023, and the POCSO Act, applied depending on what the bullying actually involves. This piece explains how that patchwork works in practice.
Why There Is No Single Cyberbullying Law
India came close to having a direct provision for this once. Section 66A of the IT Act criminalised sending “grossly offensive” or “menacing” messages through a communication device. In practice, it was used to arrest people for social media posts criticising politicians, and its wording gave police wide discretion to decide what counted as offensive.
The Supreme Court struck the provision down in Shreya Singhal v. Union of India (2015), holding that it was unconstitutionally vague and violated the right to free speech under Article 19(1)(a). This protected speech from arbitrary prosecution, but it also removed the one provision written specifically for online harassment. Every cyberbullying case since has had to be prosecuted under laws never designed for the internet.
What the IT Act Covers
Several IT Act provisions still apply to specific forms of online abuse, even without a dedicated cyberbullying section. Section 66C covers identity theft, using someone’s password or electronic signature without authorisation. Another provision that is Section 66D covers impersonation through a communication device. Section 67 penalises publishing or transmitting obscene material electronically, and Section 67A applies specifically to sexually explicit content. Section 67B addresses child sexual abuse material and carries the most severe penalties in this list.
These sections work well for cases involving fake accounts, morphed images, or explicit content shared without consent. They do less for sustained verbal harassment that doesn’t cross into obscenity or impersonation, which is a significant gap given how much online bullying is verbal rather than visual. It’s also worth remembering that anyone accused under these provisions still retains the standard protections available to an accused person during investigation and arrest.
Where the BNS Steps In
The Bharatiya Nyaya Sanhita fills part of that gap through general provisions that happen to apply online. Section 78 criminalises stalking, and Indian courts have read this to cover monitoring someone’s online activity or repeatedly contacting them digitally after they’ve asked to be left alone. Section 351 covers criminal intimidation, including a specific clause under Section 351(4) for threats made through anonymous communication, relevant given how often online bullies hide behind fake accounts. Whereas provisions like Section 74 and Section 79 address conduct intended to outrage or insult a woman’s modesty, provisions frequently invoked in cases involving sexually coloured comments or harassment. Section 356 covers defamation, applicable where false statements online cause reputational harm.
None of these were written with social media in mind, so prosecutors have to fit online conduct into categories built for physical-world harassment. It mostly works, but sustained, low-grade harassment that doesn’t clearly threaten, defame, or stalk someone can still fall through the cracks.
What to Do If You Are a Victim
The National Cyber Crime Reporting Portal accepts complaints for harassment, impersonation, and obscene content, and the national cybercrime helpline, 1930, is available for urgent cases. A police complaint can be filed citing the relevant IT Act and BNS sections together, since most cyberbullying incidents involve conduct spanning both laws. If a minor is involved, POCSO provisions apply alongside these, and complaints should go through channels equipped to handle child victims specifically.
Under the IT Rules, intermediaries are required to act on takedown requests within fixed timelines, generally 24 to 72 hours depending on the nature of the content, once a valid order or notification is received. This makes early reporting genuinely useful rather than symbolic, since faster reporting tends to mean faster removal.
Conclusion
Cyberbullying in India is addressed, but not through a single, purpose-built law. It runs through a combination of IT Act provisions aimed at specific technical conduct and BNS provisions built for offline harassment repurposed for online use. Understanding which provision applies to a given situation, or intimidation, is usually the first step toward getting an FIR registered. This will also help in getting the content removed.
Written By – Khushi Mittal
Samarth Bhatt
The government should implement stricter laws against cyberbullying, with phones becoming a growing part of children's lives, becoming vulnerable to it. Prevention is better than punishment.
Riya Gupta
Article is good, appreciate your efforts