Cyber Stalking and Cyber Squatting
One targets a person, the other a brand. Here's what each is and how Indian law deals with it.
The syllabus pairs these two, but they have little in common beyond the word "cyber". Cyber stalking is a crime against a person: repeated, unwanted following, contact or monitoring through digital channels. Cyber squatting is a crime against a brand: registering a domain name that copies someone else's trade mark, either to sell it back or to use it for fraud.
For a bank, cyber squatting is the more direct threat. A look-alike of the bank's own domain is the landing page for the next phishing campaign against its customers.
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Cyber Stalking
Cyber stalking includes repeatedly messaging someone who has made clear they want no contact, tracking their location through a hidden app, logging into their email or social media, or posting about them to intimidate. It often starts with a personal relationship and escalates to threats or sharing private images.
Section 78 of the Bharatiya Nyaya Sanhita, 2023 (which replaced IPC section 354D from 1 July 2024) defines stalking to include a man who monitors a woman's use of the internet, email or any other form of electronic communication. Punishment is up to 3 years and a fine on first conviction, and up to 5 years and a fine on a second. The section is written for a woman victim; where the victim is a man, police turn to other provisions such as criminal intimidation (BNS section 351, which has a specific sub-section for anonymous threats). Where private images are captured or shared, IT Act section 66E (violation of privacy) or section 67 (obscene material) can apply.
Cyber Squatting
A cyber squatter registers a domain such as a misspelling of a bank's name, the bank's name with "-kyc" or "-support" added, or the same name under a different extension. Some squatters want to sell the domain to the brand owner at a high price. Others use it to host a fake login page or a fake loan portal.
India has no statute that names cyber squatting. In Satyam Infoway Ltd v Sifynet Solutions (2004), the Supreme Court held that domain names are protected much like trade marks, so a brand owner can sue for passing off and trade mark infringement. For generic top-level domains (.com, .net and others), the Uniform Domain Name Dispute Resolution Policy (UDRP), administered by providers such as WIPO, offers a faster route. The complainant must show three things: the domain is identical or confusingly similar to its mark, the registrant has no rights or legitimate interest in it, and it was registered and is being used in bad faith. The only remedies are transfer or cancellation of the domain; a UDRP panel cannot award money.
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Side by Side
Victim
Cyber stalking
An individual
Cyber squatting
A brand or trade mark owner (and its customers, if used for fraud)
Core act
Cyber stalking
Repeated unwanted contact or monitoring
Cyber squatting
Registering a confusingly similar domain in bad faith
Main legal route
Cyber stalking
Criminal: BNS 78, 351; IT Act 66E, 67
Cyber squatting
Civil: passing off and trade mark suits; UDRP for generic domains
Bank's role
Cyber stalking
Support a staff or customer victim; preserve evidence on request of police
Cyber squatting
Monitor for look-alike domains, get them taken down, warn customers
| Cyber stalking | Cyber squatting | |
|---|---|---|
| Victim | An individual | A brand or trade mark owner (and its customers, if used for fraud) |
| Core act | Repeated unwanted contact or monitoring | Registering a confusingly similar domain in bad faith |
| Main legal route | Criminal: BNS 78, 351; IT Act 66E, 67 | Civil: passing off and trade mark suits; UDRP for generic domains |
| Bank's role | Support a staff or customer victim; preserve evidence on request of police | Monitor for look-alike domains, get them taken down, warn customers |
How the IIBF Exam Tests This
Definition MCQs that check you can tell the pair apart (and from cyber cheating, which is the next pair in the syllabus). A typical trap: "registering a domain similar to a bank's name to sell it to the bank" offered alongside phishing and spoofing. That is cyber squatting. If the question asks for the law, watch for options built on IT Act section 66A (struck down in 2015) and on IPC section 354D, which the BNS has replaced.
FAQs
What is the punishment for cyber stalking in India?expand_more
Under BNS section 78, stalking (including monitoring a woman's online activity) is punishable with up to 3 years and a fine on first conviction, and up to 5 years and a fine after that. IT Act sections 66E or 67 can be added where images are involved.
Is cyber squatting illegal in India?expand_more
There is no specific cyber squatting statute, but courts treat domain names like trade marks. The brand owner can sue for passing off or infringement, or use a domain dispute policy such as the UDRP for generic domains.
What replaced IPC section 354D?expand_more
Section 78 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. It keeps the electronic-monitoring limb of stalking.
What can a bank do about a fake domain using its name?expand_more
Report it for takedown, file a domain dispute or court action to recover it, and warn customers through official channels. A look-alike domain used for phishing is also a cyber security incident to be handled through the bank's incident process.
Next steps
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