Online bullying can be as mentally traumatic as physical violence: Delhi HC

Hindustan Times

13 hours ago

Cyberbullying can be as mentally traumatic and scarring as physical violence, the Delhi High Court has said, while upholding the conviction of a man who sent morphed nude images and threatening messages to a minor girl studying in Class 9. The judgment, delivered on July 28 by Justice Swarana Kanta Sharma, stressed the devastating psychological impact of online harassment, particularly on children. (HT Archive)
The court rejected his appeal against a five-year sentence, describing the case as a 'textbook example of cyberbullying.'
The judgment, delivered on July 28 by Justice Swarana Kanta Sharma, stressed the devastating psychological impact of online harassment, particularly on children.
'What is deeply concerning is the use of technology to commit cyberbullying – an act that, while faceless and silent, can be as mentally traumatic and scarring as physical violence, especially when directed towards children. Such conduct, in the virtual world, has very real and devastating consequences in the real world,' justice Sharma said.
The conviction stems from a complaint filed in September 2016 by the victim's mother. The minor girl, then in Class 9, was using a tablet for studying when she received morphed obscene images of herself along with threatening messages on WhatsApp. The sender, a man known to the family, warned her that the photos would be circulated if she didn't comply with his demands.
The trial court in March last year had convicted him under various provisions of the Indian Penal Code including sexual harassment, stalking, criminial intimidation, sections 12 (sexual harassment) and 14 (using child for pornographic purposes) of Protection of Children from Sexual Offences (Pocso) Act, 2012 and section 67 (publishing or transmitting obscene material in electronic form) under the Information Technology Act.
Challenging the verdict, the man claimed he was falsely implicated and that the case was full of contradictions. The Delhi Police, however, maintained that the evidence clearly showed he had transmitted obscene material and had criminally intimidated a minor.
Justice Sharma, in her 35-page ruling, upheld the trial court's decision. She said that even the threat of circulating morphed images, without actually doing so, can cause irreparable long-term damage to a child's mental well-being and dignity. The act of morphing her face, the court added, sought to not only shame her but to coerce her by creating fear.
'A morphed image once created and circulated can have long-term consequences for a child's mental health, dignity, and reputation,' the judge observed. 'The fear of such circulation alone, even if the image is never actually published, is enough to terrorise a young mind.'
The court also highlighted the urgent need to protect children in digital spaces. With growing reliance on gadgets for education, it said, the notion of child safety must extend beyond physical environments. 'This court is of the view that creating a safe environment for children cannot be restricted to physical spaces alone. The modern world demands that equal protection be extended to digital spaces, where children are now spending considerable time,' the court said.