The Delhi High Court ruled that cyberbullying can be as traumatic as physical assault, upholding the conviction in a case involving a minor’s morphed image and online threats.
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NEW DELHI: In a landmark judgment, the Delhi High Court has drawn strong parallels between the psychological damage caused by cyberbullying and that of physical assault, particularly when directed toward children. The court’s stern observations came while hearing a case involving the morphing of a minor girl’s face onto a nude body and threatening her with its circulation online.
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Case Background
The case was an appeal filed by Rajesh Gambhir, who had been convicted by a lower court under several sections:
- Section 354A(1)(iv) and Section 506 of the IPC,
- Section 14 of the POCSO Act, and
- Sections 67 and 67A of the Information Technology Act.
The victim, a Class XII student, had been targeted in an appalling manner. Her face was digitally superimposed on an obscene image, and she received threatening messages intended to coerce her into submission. This cybercrime left her deeply traumatized.
Court’s Observations
Justice Swarana Kanta Sharma, who presided over the case, remarked that cyberbullying, although silent and faceless, can inflict deep emotional scars.
“Such conduct, in the virtual world, has very real and devastating consequences in the real world,”
she stated in her 35-page judgment.
She emphasized the psychological impact on the minor, noting that receiving a morphed nude image of oneself, especially coupled with a threat of public circulation, can shatter a child’s sense of safety, dignity, and personal security.
Underscoring the long-lasting impact it can have on the mental health of children, the judge added,
“The trauma that stems from such abuse cannot always be captured in words within a judgment.”
The court strongly advocated for secure digital spaces for children, pointing out that mobile phones, tablets, and internet access, especially post-COVID, have become essential educational tools. However, these same tools, when misused, can become channels for severe exploitation.
“Creating a secure environment must not be limited to physical spaces alone. Equal protection is necessary in the digital realm,”
the court emphasized.
The High Court upheld the trial court’s verdict, reiterating that deterrence in such cases is crucial. It noted that even the fear of morphed image circulation can terrorize a young mind. The trauma from such online abuse is not only invasive but often repetitive, leaving a long-term psychological imprint.
Dismissing the appeal, the court concluded,
“The impugned judgment and order passed by the learned Trial Court suffer from no infirmity or error. The same are accordingly upheld.”
Case Title: Rajesh Gambhir vs State GNCT of Delhi and Anr
CRL.M.(BAIL) 965/2025
READ JUDGMENT HERE
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