With the Emergence of technology, the unfolded events of cyber offences also came into day light. Out of all, one aspect known as Cyber bullying, which is an intentional aggressive act or behaviour by an individual or a group of people done repeatedly over the electronic form of contact. It is not interpretated in any law, nor there is any specific/special statutory law that deals with the Cyber bullying.
The manner of using of technology is going beyond the authorised manner/control and permissible limits, which certainly leads to the creation of Cyber Crimes. There are many Cyber offences which still cannot be predicted and perused due to the advancement of technology and artificial intelligence growing over the time.
In the case of Shreya Singhal v. Union of India , the Hon’ble Justice of Supreme Court R.F. Nariman struck down the section 66 A of the Information Technology Act, 2000 which dealt with the punishment for sending offensive messages through a computer resource or communication device and The Supreme Court further held that, it does not come under the ambit of reasonable restrictions of Article 19(1)(a) of the Constitution of India. The Supreme Court further said that this Section was vague and ambiguous and sections 66B and 67C of the Information Technology Act,2000 along with various provisions of Indian Penal Code,1860 were good enough to deal with such crimes.
Bullying can happen online as well as offline such as when fellow students resort to bullying in schools and torture innocent soul of students. When the bullying happens online with the help of technology it is cyberbullying. However, there is a need for specific/special legislation as it would bring clarity on many uncurtail provision of bullying, it would strengthen the judicial process as well, to a better working environment.
In general, the term “bullying” refers to a, ‘form of harassment where superior strength or influence is used to intimidate or force someone to do something which he/she would not want to do otherwise in the common way.