It lawCyber stalking

Ajay Bharadwaj v State

2018 SCC OnLine Delhi 850220181 min read
The case in brief30-second read
Facts
Accused sent persistent unwanted messages despite being blocked multiple times. Created fake profiles to circumvent blocking. Uploaded morphed intimate images of the complainant on social media.
Issue
Whether persistent digital communication constitutes stalking under S.354D
Held
S.354D covers "contacts or attempts to contact" including digital means.
Principle
Sending offensive messages through electronic communication constitutes an offence under S.66A IT Act (struck down) and S.354D IPC; cyber-stalking is a cognizable offence.
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Facts

  • Accused sent persistent unwanted messages despite being blocked multiple times
  • Created fake profiles to circumvent blocking
  • Uploaded morphed intimate images of the complainant on social media
  • FIR filed; IP address and device forensics traced to the accused
  • Charges framed under S.354D IPC, S.509 IPC, S.66E and S.67 IT Act

Issues

  1. Whether persistent digital communication constitutes stalking under S.354D
  2. Admissibility of digital evidence under S.65B Evidence Act

Held

  • S.354D covers "contacts or attempts to contact" including digital means
  • Fake profiles to circumvent blocks = monitoring internet use (S.354D(1)(ii))
  • Morphed images violate S.66E (privacy) and S.67 (obscene material) IT Act
  • Digital evidence admissible with S.65B certificate
  • Charges framed; trial ordered

Ratio decidendi

S.354D was intended to cover all forms of stalking including cyber. Each circumvention of a block is a separate instance. IT Act and IPC operate concurrently for technology-enabled offences.

Exam use

How to use it in an answer

  • Cite in IT Law and Criminal Law questions on cyber stalking
  • Pair with Ritu Kohli (2001) for pre-amendment and this for post-2013 framework
  • Relevant for S.65B digital evidence discussions

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Citation

Ajay Bharadwaj v State 2018 SCC OnLine Delhi 8502

Reported: 2018 SCC OnLine Delhi 8502. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.