How to Protect Yourself from Online Domestic Violence with Digital Abuse in NRI Marriages

 

Introduction

The digital age has allowed domestic violence to extend beyond physical spaces. In the digital age, domestic violence is increasingly manifesting itself in virtual environments through digital abuse. For many Indian citizens, particularly those who are married to non-resident Indians (NRIs), digital abuse has become a devastating reality. The purpose of this blog is to explore how victims of digital abuse, particularly those married to non-resident Indians, can take action in India to combat this growing issue.

How does digital abuse occur?

Digital abuse refers to the use of technology to harass, control, stalk, or intimidate a partner.

• Online stalking

• Harassment on the internet

• Sharing of intimacies without consent (Revenge Porn)

• Surveillance or tracking using digital technology

• Abuse of digital platforms by financial institutions

Indian citizens who are married to NRIs often suffer abuse across borders, creating legal complications and emotional distress.

Responses to digital abuse around the world

The following countries have enacted legislation to combat the issue of digital abuse:

HBCO 2020 (Coco's Law) criminalizes sharing intimate images without consent.

As a result of the Online Safety Act 2023, tech companies are now required to remove harmful content, such as explicit deep fakes and revenge porn, from their platforms. Ofcom is now responsible for enforcing this law.

Korea: Criminalizes the creation and viewing of non-consensual deepfake pornography.

New Zealand: Harmful Digital Communications Act 2015 imposes heavy fines and prison sentences for digital harassment and revenge porn.

Singapore: Criminal penalties were introduced to the Protection from Harassment Act (2019) for the acts of doxing and cyberbullying.

USA: Federal laws criminalize online threats and stalking, and most states have adopted laws addressing cyber harassment as well.

EU: The Istanbul Convention includes measures aimed at combating online and technology-facilitated violence.

Global reforms demonstrate an increasing consensus: digital spaces must be protected to the same extent as physical spaces.

Can Indian citizens who are married to NRIs file a lawsuit for digital abuse?

You are absolutely right. Indian law offers various options for citizens who are married to NRIs who are experiencing digital abuse.

The Domestic Violence Act (PWDVA, 2005)

The victim should file a Domestic Incident Report (DIR) with the local protection officer or magistrate.

Obtain monetary compensation, protection orders, or residence rights.

Despite the abuser's residence abroad, this provision applies.

IPC and IT Act provisions

The applicable law is CyberstalkingIPC Sec 354D / Sec 78 of BNSOnline ThreatsIPC Sec 506 / Sec 351 of BNS Obscene ContentIPC Sec 509 / Sec 79 of BNSIdentity TheftIT Act Sec 66C &66D

The following methods are available for filing complaints:

Cyber cell of the local police

Cybercrime Reporting Portal: www.cybercrime.gov.in

The complaint was filed at the court as a PCR (Private Complaint Report)

Impounding of passports and red corner notices

The Indian courts have the following powers:

The issuance of non-billable warrants (NBWs)

The accused NRI's passport should be impounded by the MEA

Request a Red Corner Notice from Interpol

The National Commission for Women (NCW)

A dedicated NRI cell is available

Maintains contact with embassies

Provides assistance in tracing absconding spouses

Offers legal aid and counseling services

The Mutual Legal Assistance Treaty (MLAT)

Indian authorities can access digital evidence stored on foreign servers by using MLATs, which enables evidence to be used in Indian court proceedings from platforms such as Facebook or WhatsApp.

The reality of digital abuse in NRI marriages

The use of spyware in order to track a partner's location from abroad is known as remote surveillance

Blackmail by freezing joint digital accounts:

Revenge Porn: Uploading private content to international websites

Posting humiliating materials on social media sites such as Facebook or Instagram constitutes social media defamation

The circumstances outlined above demonstrate that distance does not diminish the harm that has been inflicted-and why legal action must be pursued as soon as possible.

Steps to take as a victim

Obtain evidence such as screenshots, call logs, emails, and IP addresses

Contact the local police or file an e-FIR

Consider engaging the services of an NRI dispute lawyer (www.lawyersonia.com)

Contact the Indian Embassy if you reside abroad

The NCW's NRI Cell can be contacted for assistance

Conclusions

Digital abuse is not a lesser form of violence—its impact can be equally traumatic and lasting. The legal remedies available to Indian citizens trapped in virtual domestic violence in NRI marriages are actionable. As international and domestic legal frameworks have developed, survivors are no longer left without help.

Reach out to a qualified lawyer, cyber cell, or women's rights organization as soon as possible if you or someone you know is being victimized by digital abuse. Justice should not be limited to borders, and neither should you.