New Delhi, August 1, 2025
In a strong message against the silent epidemic of online harassment, the Delhi High Court has declared that cyberbullying and digital threats aimed at children can be just as damaging if not more as physical violence. The Court emphasized that India’s legal and social frameworks must evolve to protect children in the digital world just as seriously as they are protected offline.
The remarks were made by Justice Swarana Kanta Sharma, who was hearing a case involving the online sexual harassment of a minor girl. In a pointed observation, the Court underscored that the internet has become the new playground and potentially, the new battleground for children, and therefore, it cannot remain unregulated or casually monitored.
Justice Sharma made it clear that the law must now address what she termed “virtual touch” the emotional, psychological, and sexual harm caused by digital abuse.
“When a child is threatened with the circulation of a morphed image, or shamed on social media, the trauma runs deep. This isn’t just a case of bullying. It is psychological assault, with effects that can last longer than physical bruises,” she said.
The Court emphasized that children often suffer in silence, ashamed or afraid to report online abuse, which worsens the impact.
The observations came during the hearing of an appeal by a man convicted under the POCSO Act and Information Technology Act for creating and threatening to distribute a morphed obscene image of a Class 9 student. The convict had argued for leniency, but the Court upheld his five-year sentence, stating the intent and impact were clear: emotional blackmail, public shaming, and the potential destruction of a young girl’s dignity.
Justice Sharma noted that while the image was never circulated, the fear instilled in the child was real and paralysing, and that legal punishment should reflect the intent to harm just as much as the act itself.
The Delhi High Court didn’t stop at punishment it pushed for systemic changes to equip children with tools and understanding to navigate the online world safely.
The Court called upon:
• Schools to include digital ethics and online safety in their curriculum.
• Parents to engage in meaningful conversations about social media, privacy, and safe online behaviour.
• The State Legal Services Authority and Judicial Academies to help create awareness on digital consent and cyber trauma among both students and educators.
“Teaching children about good touch and bad touch is no longer enough. We must now teach them about ‘digital touch’ where their screens are not invaded, their images not stolen, and their dignity not threatened,” the Court noted.
This marks a turning point in how Indian courts are interpreting children’s digital rights not just as extensions of existing laws, but as a distinct area of vulnerability needing proactive safeguards.
• Legal Significance: The case sets precedent for how courts may increasingly treat online threats as serious criminal acts, even if no physical harm is done.
• Social Impact: It expands the public’s understanding of how cybercrime isn’t limited to hacking or fraud but can deeply affect mental health and child safety.
• Policy Direction: It calls for urgent coordination between law enforcement, educators, tech companies, and lawmakers to create a safer digital environment for minors.
