Recently, the Delhi Police arrested Manish Kathuria in India first case of cyber stalking. In the said case, Manish was stalking a person called Ritu Kohli on the Net by illegally chatting on the website www.mirc.com with the name of Ritu Kohli. Manish was regularly chatting under the identity of Ritu Kohli on the said Website, using obscene and obnoxious language, was distributing her residence telephone number and inviting chatter to chat with her on telephone.

Consequently Ritu Kohli was getting obscene calls from different chatters from various parts of India and abroad. Ritu Kohli reported the matter to the police and the Delhi Police swung into action. The police has registered a case under Section 509 of the Indian Penal Code for outraging the modesty of Ritu Kohli.

But the case of Ritu Kohli raises the crucial issue as to what exactly is Cyber stalking? Cyber stalking is defined as unwarranted, threatening behavioral pattern or advances directed by one Internet user against another with the purpose of harassing the other user, by using the Internet as the medium. Cyber stalking is a relatively new phenomenon.

The Ritu Kohli cyber stalking incident demonstrates how effectively people can use the Internet to harass others by remaining anonymous and how they can create havoc with the life and psyche of the victim.

In the case of Ritu Kohli, the accused admitted his guilt and attributed revenge as the motive of committing the said crime. However, the present case raises numerous Cyberlaw issues. Do netizens have any privacy in Cyberspace? Can their privacy be intruded upon by any person in cyberspace? If any person intrudes upon another person privacy, what is the remedy? In the present case, when somebody harasses another person for the purpose of taking revenge, what should be the punishment?

Various countries have different laws relating to stalking and some states of the United States of America have cyber stalking legislation.

However, in India we do not have any specific legislation relating to cyber stalking. India's first cyberlaw namely The Information Technology Act, 2000 does not contain any thing relating to cyber stalking. Chapter XI of the IT Act, 2000 has stipulated various cyber crimes.

These include tampering with computer source documents, hacking with computer system, publishing of information which is obscene in electronic form, misrepresentation to or suppression of material facts from the Controller or the Certifying Authority for obtaining any licence or digital signature certificate, breach of confidentiality and privacy and publishing Digital Signature Certificate false in certain particulars or publication for fraudulent purpose.

However, a perusal of Chapter IX of IT Act, 2000 shows that cyber stalking is not covered within the same. Even section 509 of the Indian Penal Code only talks of word, gesture or act intended to insult the modesty of a woman. The perusal of the said section mandates that any word should be uttered or sound or gesture be made or any object be exhibited with the intention that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman. However, when one person chats on the Internet in the legal sense, he does nothing of the said things. The sad diagnosis: None of the conditions stipulated in section 509 of IPC cover cyber stalking.

The emergence of cyber stalking in India signals the important fact that the legislature has to take note of the newly emerging cyber crimes. The existing provisions of Indian Penal Code shall not be sufficient to secure convictions of cyber crimes. New legislation regulating cyber crimes specially cyber stalking is the need of the hour.