Stalking

Section 354D, Indian Penal Code

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MEANING

If a man does any of the following acts, it is considered stalking:

Physical stalking

  1. Following a woman and contacting her/trying to contact her, or

  2. Spying on the woman or watching her (Despite clear indication of disinterest and no-consent by the woman)

Online stalking

Monitors the woman’s use of any online browsing or communication (such as browsing, email, whatsapp, social media, etc.)

For examples of stalking and sexual harassment, see "What You Should Know About Sexual Harassment".

PUNISHMENT

The punishment for stalking depends on the previous criminal history of the offender:

  1. For a first time offender- imprisonment up to 3 years and fine
  2. For a second time/repeat offender- imprisonment up to 5 years and fine

Nature of offence:

Cognizable Bailable (for first time offender)
Non-bailable (for second time offender)

COMPLAINT AGAINST STALKING:

Please see "What You Should Know About Sexual Harassment" and Police Complaint.

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