1. Cyber-Stalking (BNS Section 78) #
In 2026, stalking is no longer just a physical act. Under Section 78 of the BNS (which replaced Section 354D of the IPC), cyber-stalking is explicitly criminalized.
- Definition: A man commits stalking if he monitors a woman’s use of the internet, email, or any other form of electronic communication without her consent.
- The “Clear Disinterest” Rule: It also includes repeatedly contacting a woman to foster personal interaction despite her clear indication of disinterest.
- Punishment:
- First Conviction: Up to 3 years in prison and a fine.
- Repeat Offense: Up to 5 years in prison and a fine.
2. Image Morphing & Deepfakes #
“Morphing”—the unauthorized editing of a person’s face onto another body (often obscene)—is a severe violation of privacy. In 2026, the law treats AI-generated “Deepfakes” and traditional morphing with equal gravity.
| Crime Type | Governing Law | Legal Consequence |
| Violation of Privacy | Section 66E, IT Act | Capturing or publishing private images without consent carries up to 3 years in prison. |
| Digital Voyeurism | Section 77, BNS | Capturing or spreading images of a woman in a private act. |
| Obscenity | Section 67 & 67A, IT Act | Publishing sexually explicit content (morphed or real) carries up to 5 years in prison and a ₹10 Lakh fine. |
| Identity Theft | Section 66C, IT Act | Using someone’s digital “identity” (their face/likeness) for fraud. |
3. The 24-Hour “Takedown” Rule #
In 2026, social media platforms (Intermediaries) are legally mandated to act fast under the IT Rules, 2021.
- NCII (Non-Consensual Intimate Imagery): If you report a morphed or private image of yourself, the platform must remove or disable access to that content within 24 hours.
- Grievance Officer: Every platform must have a dedicated officer in India whose contact details are public. If they fail to remove the content, they lose their “Safe Harbour” protection and can be sued alongside the stalker.
4. Step-by-Step Action Plan for Victims #
- [ ] Step 1: Do Not Delete. It is tempting to delete the messages, but they are your primary evidence. Take full-page screenshots showing the URL, the date/time, and the offender’s profile ID.
- [ ] Step 2: Report to the Portal. Use the National Cybercrime Reporting Portal at [suspicious link removed] or call the helpline 1930.
- [ ] Step 3: File a Zero FIR. You can file an FIR at any police station (see “Zero FIR” guide). In 2026, you can also file an e-FIR for cybercrimes via state police apps.
- [ ] Step 4: Report to the Platform. Use the “Report” button on Instagram/Facebook/X. Mention specifically that it is “Non-Consensual Intimate Imagery” or “Stalking” to trigger the 24-hour takedown.
5. Advanced Protections: The 2026 Digital Shield #
- Deepfake Detection: In 2026, many state cyber cells use AI-driven tools to verify if an image is “morphed.” This forensic report is now admissible as primary evidence in court under the Bharatiya Sakshya Adhiniyam (BSA).
- Right to be Forgotten: If morphed images continue to appear in search results, you can approach the High Court for an order directing search engines to de-index (hide) those links permanently.
6. The Official Proof (For Authority) #
“The intermediary shall, within twenty-four hours from the receipt of a complaint… take all reasonable and practicable measures to remove or disable access to such content which is in the nature of any material which exposes the private area of such individual [or] shows such individual in any sexual act.”
Section 78(1)(ii), BNS 2023:
“Any man who… monitors the use by a woman of the internet, e-mail or any other form of electronic communication, commits the offence of stalking.”
Information Technology Rules, Rule 3(2)(b):
“The intermediary shall, within twenty-four hours from the receipt of a complaint… take all reasonable and practicable measures to remove or disable access to such content which is in the nature of any material which exposes the private area of such individual [or] shows such individual in any sexual act.”
