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 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 Protection of Children from Sexual Offences (POCSO) Act, 2012, Bharatiya Nyaya Sanhita, 2023 – Section 78, Juvenile Justice (Care and Protection of Children) Act, 2015 and Information Technology Act, 2000 – Section 67. 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 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 to do next: 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.

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 Protection of Children from Sexual Offences (POCSO) Act, 2012 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.