My child is being cyberbullied by classmates online, what legal steps can I take?

Question

My minor child is receiving abusive and threatening messages from classmates on a group chat and it's affecting them emotionally. I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

My child is being cyberbullied by classmates online, what legal steps can I take? is governed in India primarily by Bharatiya Nyaya Sanhita, 2023 – Section 78/351, Protection of Children from Sexual Offences Act, 2012 – Section 11 and Juvenile Justice (Care and Protection of Children) Act, 2015. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

If the bullying includes sexual harassment, stalking or solicitation of a child, Section 11 of POCSO (sexual harassment of a child) applies, carrying up to 3 years imprisonment, regardless of whether the perpetrator is also a minor.

General cyberbullying/threats not sexual in nature can be pursued as criminal intimidation under the BNS, and schools have an obligation under CBSE/state guidelines to have anti-bullying committees to address such complaints internally first.

If the accused is also a minor, proceedings go through the Juvenile Justice Board rather than regular criminal courts, with an emphasis on counselling and rehabilitation over punishment for less serious offences.

Report to the school's anti-bullying/POCSO committee in writing first, and escalate to the police/Childline (1098) if the school does not act or the conduct is criminal in nature.

Preserve all screenshots, chat logs, and witness statements from other classmates, and avoid engaging the bullies directly, since it should be handled through the school and authorities.

What to do next: 1) Preserve screenshots and chat records of the bullying messages; 2) Report in writing to the school's anti-bullying/POCSO committee; 3) Call Childline 1098 or file a complaint at cybercrime.gov.in if the school fails to act; 4) Consult a lawyer if the conduct is severe enough to warrant an FIR.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Bharatiya Nyaya Sanhita, 2023 – Section 78/351 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.