My child is being cyberbullied by classmates in Alwar; what is my legal remedy?
SN Asked by Sneha Iyer from India
Quick Answer
Cyberbullying of a child is prosecuted under Section 75 of the Bharatiya Nyaya Sanhita for sexual harassment where sexual content is involved, and Section 351 for criminal intimidation, read with Section 67B of the IT Act which specifically protects children.
Detailed Legal Analysis
Cyberbullying of a child is prosecuted under Section 75 of the Bharatiya Nyaya Sanhita for sexual harassment where sexual content is involved, and Section 351 for criminal intimidation, read with Section 67B of the IT Act which specifically protects children. File a complaint with the Alwar cyber police and the school management, and report the content to the platform under the IT Rules, 2021.
The Juvenile Justice Act applies to the bullies if they are minors, focusing on rehabilitation rather than punishment. The Rajasthan High Court can direct the school and the platform to act, and can order counselling for the victim.
Rajasthan Rent Control Act 2001 on school education may impose a duty on the school to prevent bullying on its premises or platforms. Preserve the messages, screenshots and the names of the bullies as evidence.
Approach the school's anti-bullying committee in Alwar before escalating to the police where the bullying is not severe.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.