Anonymous
Asked November 30, 2016

Law for stalking

  • 2 Answers
  • 831 Views

A boy has been stalking me for almost a week. I have told him several times not o follow but he doesn't understand. Please tell me the law in India relating to stalking.

Answers 2

Default avatar
Anonymous

Under the amendment to IPC in 2013 various provisions have been added for minor sexual offences which includes stalking. If the boy has been following and contacting on a repeated basis despite clear indication then it qualifies to be stalking and a case can be filed against him.

Section 354D of the Indian Penal Code Stalking1

(1) Any man who—

   

  •    
  • follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or
  • monitors the use by a woman of the internet, email or any other form of electronic communication,commits the offence of stalking;
  •  Provided that such conduct shall not amount to stalking if the man who pursued it proves that—

       

       

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  • it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or
  • it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
  • in the particular circumstances such conduct was reasonable and justified.
  •  (2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

    Agree Comment 0 Agrees almost 4 years ago

    Section 354 D[1] of indian penal code gives you a remedy against that person. You can file an FIR against the above mention section also if the person is passing a sexually coloured remarks, then shall be guilty of the offence of sexual harassment under  354A[2] of indian penal code

    Stalking punishment Upto 3 years + Fine for first conviction: bailable

    Upto 5 years + Fine for second or subsequent conviction: non-bailable

     

     

    [1] 1) Any man who-   

  • follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or
  • monitors the use by a woman of the internet, email or any other form of electronic communication, commits the offence of stalking;
  •  Provided that such conduct shall not amount to stalking if the man who pursued it proves that-

  • it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or
  • it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
  • in the particular circumstances such conduct was reasonable and justified.
  •  (2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

     

  • [2] A man committing any of the following acts-
  • physical contact and advances involving unwelcome and explicit sexual overtures; or
  • a demand or request for sexual favours; or
  • showing pornography against the will of a woman; or
  • making sexually coloured remarks, shall be guilty of the offence of sexual harassment
  • Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.
  • Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
  •  

    Agree Comment 0 Agrees almost 4 years ago

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