Delhi High Court Bats For Safe Digital Space For Children, Says Cyberbullying Can Be As Scarring As Physical Violence

The Delhi High Court has called for providing safe digital space for children, while emphasizing that such protection cannot be restricted to physical spaces alone.

“Thus, this Court is also of the view that creating a safe environment for children cannot be restricted to physical spaces alone. The modern world demands that equal protection be extended to digital spaces, where children are now spending considerable time, often for educational purposes,” Justice Swarana Kanta Sharma said.

The Court observed that the use of technology to commit cyberbullying – an act that, while faceless and silent, can be as mentally traumatic and scarring as physical violence, especially when directed towards children.

It added that while mobile phones, and internet access have become essential tools for learning, especially in the aftermath of the COVID-19, its misuse cannot be ignored.

The Court emphasized that threats extended in cyberspace can never be taken lightly and that the harm caused is not mitigated by the fact that there was no physical contact.

Observing that the trauma from virtual abuse lingers as strongly because of its repetitive and invasive nature, the Court said:

“A morphed image, once created and circulated, can cause long-term damage to a child's mental health, dignity and her reputation. The fear of such circulation alone, even if the image is never actually published, is enough to terrorize a young mind.”

Justice Sharma made the observations while rejecting the plea of a man challenging his conviction and five years of sentence in a POCSO case. The FIR alleged that the man morphed face of a minor girl studying in class IX onto the nude body of another person. 

The man allegedly sent threatening message warning that if she did not comply with the demands, the obscene content would be uploaded and circulated over the Internet. 

Upholding his conviction, the Court observed that the prosecution succeeded in proving the case beyond reasonable doubt through the consistent and corroborated testimonies of the victim and her mother, supported by expert evidence and the FSL report.

It added that the defence taken by the convict that he was falsely implicated was not substantiated by any credible evidence.

Justice Sharma said that the case reflected 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 Court said that 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, it added.

Also upholding the sentencing order, the Court observed that the plea for leniency on behalf of the convict stood on a fragile footing, while emphasising that the law must send a clear message that crimes committed in cyberspace against children are taken with utmost seriousness and will attract consequences that reflect the gravity of the impact on the victim. 

“Therefore, while this Court remains cognizant of the complexity of crimes committed through digital means, it also acknowledges the equally compelling responsibility of the justice system to evolve with time. It is important to not only detect and punish such crimes effectively but also to affirmatively uphold a child's right to safety, dignity, and mental well-being in such cases,” it said.

Title: RAJESH GAMBHIR v. STATE GNCT OF DELHI AND ANR

Citation: 2025 LiveLaw (Del) 910

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