My child is being cyberbullied by classmates in Darbhanga; what is my legal remedy?
LA Asked by Lata Mangesh 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 Darbhanga 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 Patna High Court can direct the school and the platform to act, and can order counselling for the victim.
Bihar Rent Control Act 2017 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 Darbhanga before escalating to the police where the bullying is not severe.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.