Cyberbullying Can Be as Traumatic as Physical Assault, Says Delhi High Court
Expressing concern over the misuse of technology, the Delhi High Court recently observed that cyberbullying, though faceless and silent, can be as mentally traumatic and scarring as physical violence, especially when directed at children.
Justice Swarana Kanta Sharma made these observations while dealing with a plea filed by Rajesh Gambhir challenging his conviction and sentence. The trial court had found him guilty of offences under Section 354A(1)(iv) and Section 506 of the Indian Penal Code, Section 14 of the Protection of Children from Sexual Offences (POCSO) Act, and Sections 67 and 67A of the Information Technology Act.
The case involved the morphing of a school-going minor girl’s face onto the nude body of another person.
In a detailed 35-page judgment, the judge said,” The present case reflects a textbook example of cyberbullying, where an adolescent girl, who was pursuing her studies, became a victim of a targeted assault upon her privacy and dignity. The act of morphing her face onto an obscene image and coupling it with threatening messages not only sought to shame her but was intended to coerce her into submission through fear. Such conduct, in the virtual world, has very real and devastating consequences in the real world.”
Reflecting on the psychological trauma such actions inflict on children, Justice Sharma observed, “The psychological impact on a minor who receives a morphed nude photograph of herself, combined with a threat that the same will be published online if she does not comply with the accused’s demands, is difficult to quantify in words in a judgment.”
The judge further noted that the victim, a Class XII student, was at a vulnerable age.
“An act like this would shatter a child’s sense of safety, personal security, and dignity, possibly for years to come,” the court remarked.
Highlighting the need to provide safe digital spaces for children, court said that creating a secure environment must not be limited to physical spaces alone. It added that the modern world demands equal protection in digital spaces as well, where children now spend considerable time, often for educational purposes.
“Tablets, mobile phones, and internet access have become essential tools for learning, especially in the aftermath of the COVID-19 pandemic. However, the case at hand demonstrates the dark side of such access, i.e., where a child's electronic device was misused as a medium of abuse,” the court added
Stressing the need for deterrence in cybercrimes against children, the court said that trauma from online abuse is often repetitive and invasive, leaving a lasting impact on a child’s mental health and dignity. Even the fear of the circulation of morphed images, the court noted, is enough to terrorise a young mind.
Upholding the trial court’s verdict, the high court said, ”Therefore, this Court finds no reason to interfere either with the conviction of the appellant, or with the sentence awarded to the appellant herein. The impugned judgment and order passed by the learned Trial Court suffer from no infirmity or error. The same are accordingly upheld.”
Accordingly, court dismissed the present appeal.
Case Title: Rajesh Gambhir vs State GNCT of Delhi and Anr
Date of Judgment: 28 July 2025
Bench: Justice Swarana Kanta Sharma