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or obtaining answers from them. [19] Majority of the stalkers are the dejected lovers or ex-lovers, who then want to harass the victim because they failed to satisfy their secret desires. [20]

Categorization of Cyber stalkers: [21]

The Rejected stalker has had an intimate relationship with the victim (although occasionally the victim may be a family member or close friend), and views the termination of the relationship as unacceptable. Their behaviour is characterized by a mixture of revenge and desire for reconciliation.

Intimacy seekers attempt to bring to fruit in a relationship with a person who has engaged their desires, and who they may also mistakenly perceive reciprocates that affection.

Incompetent suitors tend to seek to develop relationships but they fail to abide by social rules governing courtship. They are usually intellectually limited and/or socially incompetent.

Resentful stalkers harass their victims with the specific intention of causing fear and apprehension out of a desire for retribution for some actual or supposed injury or humiliation.

Predatory stalkers who stalk for information gathering purposes or fantasy rehearsal in preparation for a sexual attack.

Manish Kathuria’s case: A case of cyber stalking

The case of Manish Kathuria is the first case of cyber stalking reported in India [22] . A person named Manish Kathuria, started stalking a lady named Ritu Kohli in a chat website. Manish Kathuria abused Ritu Kohli by obscene language and disseminated her telephone number to many persons. Due to this illegal activity, she started receiving obscene calls from many people and she reported this to Delhi Police. The Delhi police swung in to action and arrested Manish Kathuria under section 509 (outraging the modesty of a woman) of the Indian Penal Code.

Legal response to Cyber Stalking

Cyber stalking is a relatively new phenomenon and many countries are only now beginning to address the problem. India has also witnessed cases of cyber stalking, however, there is no specific law or provision under the IT Act, a number of these cases are either not registered or are registered under the existing provisions of Indian Penal Code which are ineffective and do not cover the said cyber crimes. [23]

Under Information Technology Act, 2000:

66A. 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.

‘Explanation.— For the purpose of this section, terms “electronic mail” and “electronic mail message” means a message or information created or transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, images, audio, vi