Ritu Kohli Case (Delhi)

Facts

• Ritu Kohli, a homemaker in Delhi, began receiving obscene phone calls at her residence from unknown men
• Callers stated they found her number and identity in Yahoo Chat rooms where "she" was allegedly inviting intimate conversations
• Someone had created a fake identity using her name and was distributing her home phone number in adult chat rooms
• Over several weeks, she received 30-40 calls per night
• She filed a complaint with Delhi Police Cyber Cell
• Investigation traced the IP addresses to Manish Kathuria, an acquaintance who was stalking her after she refused his advances

Issues

1. Whether online impersonation and cyber stalking are cognizable offences under existing Indian criminal law
2. Whether IPC provisions (drafted in 1860) can address technology-enabled harassment

Held

• Delhi Police registered the FIR under IPC S.509 (word, gesture or act intended to insult the modesty of a woman)
• The accused was arrested and later granted bail
• The case demonstrated that existing criminal law could be stretched to address cyber harassment even without specific IT Act provisions
• It catalysed the introduction of S.66A (later struck down in Shreya Singhal) and eventually S.354D IPC / BNS provisions on stalking

Ratio Decidendi

Cyber stalking through identity theft and chat room impersonation causes real harm (invasion of privacy, harassment, mental anguish) and is prosecutable under existing penal provisions even in the absence of specific cyber legislation. The medium of commission (internet) does not immunize the offender from criminal law.