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

Question

My minor child is receiving abusive messages or has embarrassing content shared about them by other students online. I would rather settle this without going to court if the law allows it, but I need to know my rights before I sign anything. Please tell me what to do first and what document to keep.

MyVakeel Legal Desk · Accepted Answer

Under Indian law, Protection of Children from Sexual Offences (POCSO) Act, 2012 is the starting point for this cyber law question. What follows is the position in substance, together with the steps that usually make the difference in practice.

If the bullying involves sexual content or exploitation of the minor, POCSO Act provisions apply with mandatory reporting requirements and much stricter punishment, regardless of whether the offender is also a minor.

If the offenders are also minors, the case is generally handled by the Juvenile Justice Board under the Juvenile Justice (Care and Protection of Children) Act, 2015 rather than a regular criminal court, with a focus on counselling and rehabilitation for less serious offences.

Non-sexual harassment (name-calling, exclusion, threats) can still be pursued under Section 78 BNS (stalking, if applicable) or general provisions on criminal intimidation, and schools are required under CBSE/state guidelines to have an anti-bullying committee to address it internally first.

As a parent, you should first approach the school's anti-bullying/child protection committee, since schools are obligated to investigate and take disciplinary action, and this often resolves matters faster than a police complaint for non-criminal bullying.

For content involving sexual images of your child, report it directly and urgently at cybercrime.gov.in's dedicated child protection reporting section, which is designed for sensitive handling of minors' cases.

What this means for you: 1) Preserve evidence of the bullying (screenshots, messages) without confronting the other child directly; 2) Report to the school's anti-bullying/child protection committee in writing; 3) If sexual content or serious threats are involved, file a complaint at cybercrime.gov.in citing POCSO; 4) Consult a lawyer if the school does not act, to escalate to the police/Juvenile Justice Board.

Where the facts are disputed, what usually decides a cyberbullying minors matter is the paper trail — dated complaints, acknowledgments and written replies under Protection of Children from Sexual Offences (POCSO) Act, 2012. 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 cyber law.