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CYBER STALKING - BY M.SUMI ARNICA

INTRODUCTION
According to the research report by WHOA (Working to Halt Online Abuse) in 2013, the ratio stood at 60% women to 40% men. Cyber stalking provides an additional means to harass victims in manner that is more anonymous and has less chance of detection than other methods of stalking. The advent of virtual social networks such as facebook, allows stalkers easy access to information about victims. Pictures posted on multiple sites often reveal friends, common activities, and favourite places to frequent. Messages can be transmitted to the victims, which can be received anytime or anywhere through email and text messaging. A Study conducted by Moriarity and Freiberger (2008) revealed that cyberstalking behaviours were most likely to involve, in order of frequency,
  1. Threatening, harassing, or obscene emails;
  2. Live chat harassment or online verbal abuse;
  3. Threatening or obscene calls to a cell phone;
 4. Improper messages on message boards;
  5. Text and instant messaging.
the nature of the stalking differed with cyberstalking when compared to other methods of stalking. In general, stalking is most commonly associated with domestic violence. However, Moriarity and Freiberger (2008) found a full one third of cyberstalkers were considered to be nuisance stalkers.
MEANING OF CYBER STALKING
Cyberstalking is a crime in which the attacker harasses a victim using electronic communication, such as email or instant messaging or messages posted to a web site or a discussion group. Ellisonand Akdeniz (1998) had construed the term cyber stalking as online harassment, which may include various digitally harassing behaviors, including sending junk mails, computer viruses, impersonating the victim, etc.
KINDS OF CYBER STALKING
There are three kinds of cyber stalking.
1.   E-mail stalking
2.  Internet stalking
3.  Computer stalking
Email Stalking : sending hate, obscene, or threatening emails, or sending viruses and spam
Internet Stalking : spreading rumors or tracking victims on the web
Computer Stalking : hacking into a victims computer and taking control of it
LEGAL PROVISIONS
The cyber stalking cases are dealt in India by the:-
1. Information technology act, 2000.
2. The criminal law (Amendment) act, 2013.
1. INFORMATION TECHNOLOGY ACT, 2000
Section 67A of Information Technology Act, 2000 relates to a part of cyberstalking crime. If any person is publishing or sending any "sexual explicit" material in the form of electronic media he shall be quilty of an offence under section 67 of the Act.
Section 66E of the Act deals with voyeurism and reads as follows:
Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both.
2. CRIMINAL LAW (AMENDMENT) ACT, 2013
Criminal Law Amendment Ordinance, 2013 added S.354D to the Indian Penal Code to define and punish the act of stalking. When a man is trying to communicate with a woman without her interest over the internet via email, instant messages or any other electronic communication is the offence of stalking.
CASE
   I) Manish Kathuria Case
The first reported case of cyber-stalking in India and the reason for the 2008 amendment to the IT Act, the Manish Kathuria case involved the stalking of a woman named Ritu Kohli. That was in 2001, when Manish Kathuria was arrested by the Delhi police for impersonating a woman in an internet chatroom. Kathuria was charged under a section of the Indian Penal Code (IPC) for "outraging the modesty" of his victim Ritu Kohli. But Section 509 had no mention of acts done to outrage the modesty of a woman online. This acted as an alarm for the Indian Government, for the need to amend laws regarding the aforesaid crime and regarding. protection of victims under the same. As a result to this, The Information Technology Act, 2000 was amended in the year 2008 and it contained Section 66A which stated:
Punishment for sending offensive messages through communication service, etc.
Any person who sends, by means of a computer resource or a communication device,-
(a) any information that is grossly offensive or has menacing character; or
(b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, persistently by making use of such computer resource or a communication device.
(c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages, shall be punishable with imprisonment for a term which may extend to three years and with fine.
BEHAVIOURAL ANALYSIS EVIDENCE
BEA is a deductive, case-based investigative strategy that analyses evidence from a specific case focusing on certain behavioural and personality traits to derive characteristics of the probable offender. The final stage of BEA relates to offender characteristics. In this stage, the investigator combines the results from the preceding 3 steps to determine the probable behavioural and personality characteristics of the offender, and construct an associated profile. The utility of BEA has been recognised in assisting the investigation of many traditional crimes (e.g., murder, sex offences, rape). BEA is believed to also be of equal utility in investigating digital crimes. Digital files and artefacts (e.g., written communications, Internet history files, deleted files, time stamps) can reveal useful information about the behaviour and characteristics of victims/offenders. This helps the investigator develop connections and enables a deeper understanding of the dynamics of the crime. This can be used to create a more solid reconstruction that aids in providing an explainable basis for expert judgment and opinion. There is, however, very little research or practice in digital crime investigations which incorporates BEA, particularly for cyberstalking crimes. There is even less in the literature that concerns the utility of BEA in assisting in interpretation of digital evidence in these crimes. Silde and Angelopoulou (2014) attempted to develop a cyberstalker profiling methodology by utilising BEA in digital forensics investigation. Rogers (2015) proposed a model which incorporates BEA into the process of digital forensics investigation. 
PREVENTION OF CYBER STALKING
1. update your software
2. hide your IP address
3. Should be careful that you share your personal information in online
4. Facebook changes their privacy policy, so it is a good idea to check your privacy settings.
5. Make sure that your Internet Service Provider(ISP) and other services you use has an acceptable privacy policy which prevents from cyberstalking.
6. Unless you are using a secure web page, do not send or receive private information when you are unsing public wifi.
CONCLUSION
Cyberstalking is a newly coined term. It has gain attention of the legislature and judiciary recently. There have been many instances where the need for effective legislation was felt as it becomes very difficult for the enforcement agencies to deal with such cases. Cyberstalking is proved to be a criminal offence. Many countries have legislations on this subject. None of the existing provisions are capable of dealing with the cases efficiently. India does not have any direct legislation on the subject. Information Technology Act and Indian Penal Code have few provisions that could be related to this cybercrime and hence the stalker can be booked under those provisions.

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