BNS Section 303 - Cyber Stalking
Whoever with intent to cause annoyance or inconvenience or to cause insult or injury to any person, by means of computer resource or a communication device, knowingly or intentionally sends any information that is grossly offensive or has menacing character.
Bailable, Cognizable
Official Text
“Whoever with intent to cause annoyance or inconvenience or to cause insult or injury to any person, by means of computer resource or a communication device, knowingly or intentionally sends any information that is grossly offensive or has menacing character.”
Legal Analysis
Elements to Prove:
- Intent to cause annoyance or injury.
- Using computer resource or communication device.
- Sending offensive or menacing information.
Potential Defenses:
- No intent to cause annoyance.
- Legitimate communication.
- Authorized messages.
Practical Examples
What Constitutes the Offense:
Sending threatening emails, cyber bullying, online harassment, stalking through social media.
What Doesn't Constitute:
Legitimate communication, authorized messages, or lawful online activities.
Punishment
Imprisonment up to 3 years, and Fine