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which may extend to ten lakh rupees and in the event of second or subsequent conviction with imprisonment of either discription for a term which may extend to seven years and also with fine which may extend to ten lakh rupees:

Provided that provisions of section 67, section 67A and this section does not extend to any book, pamphlet, paper, writing, drawing, painting representation or figure in electronic form— (i) the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing drawing, painting representation or figure is the interest of science, literature, art or learning or other objects of general concern; or (ii) which is kept or used for bonafide hertiage or religious purposes.

Explanation- For the purposes of this section “children” means a persons who has not completed the age of 18 years.

Under Indian Penal Code:

The accused may be booked under Section 441 of the Indian Penal Code for “criminal trespass” and under Section 509 of the IPC for “Outraging the modesty of women”.

The problem becomes grave when the stalker’s identity is changed or is mysterious which is very common in cyber world. The police and victim as well are left with no evidence and the victim remains a silent sufferer. Many times, ordinary police stations are unable to help with complaints on cyber crime as they lack knowledge and information of cyber law crime. Due to poor legal infrastructure of cyber law, the victim remains more victimized and perpetrators bravely continue to do mischief. Hence, revamping the cyber laws of the country is the need of the hour.

Conclusion:

When a person, victim of Cyber Stalking, goes to a nearby Police Station to submit an FIR, the possible situation he has to face may be:

The Police Stations are reluctant to file an FIR due to the anonymity of the Accused and the place from where he has done the crime is unknown.

Even if due to serious nature of filed an FIR, the Havildar will only impose the charges of Indian Penal Code, as most of officials in the Police Stations are unaware of the provisions of IT Act. If the victim is Man he has no protection as IPC is biased towards women and is not gender neutral, but the provisions of IPC are not sufficient to provide the relief to the victim. With the changing scenario, the development in Information Technology and different types of modes of communication, there will be increase in different cyber crimes and emergence of new crimes. To check these new crimes, the need of the day is amendments in IT Act to deal with the new emerging cyber crimes. Law should be changing with the change in Society. The IT Act should specify cyber tribunals, cyber cells and cyber savvy prosecution. Further if the cyber tribunals are divided on the nature of cyber crime, for instance, tribunals to try cases of commercial or financial nature, cases of sexual harassment in the net and cases amounting to rape and murder in the style of Central Administrative tribunal, Labour tribunal , Sessions court existing India, it would be easier to mete out justice properly.

During Investigation the investigating authorities will face complexities and intricacies to trace the accused due to anonymous nature which even, sometimes victims don’t know.

Even when the accused is traced throu