December 4, 2023
symbolizing the legal focus

The Indian Penal Code of 1860 primarily uses Actus Reus as well as Mens Rea to penalize an individual for committing a crime. Stalking typically describes the act of following someone without their consent, either in person or online.

Stalking IPC is illegal in India; however, it can only be prosecuted when it is done against women. In its broadest definition, stalking is any behavior that includes following someone or making an effort to speak with them in private with the intention of unsettling or frightening them.

Who is a Stalker Under IPC?

  • A stalker under IPC is someone who participates in the act of stalking. In order to instill fear or discomfort in another person, stalking entails purposefully and persistently following or contacting them against their will.

Stalking IPC: Meaning

For the sake of protecting women’s safety and dignity, stalking is defined as any unwelcome, continuous attention, surveillance, or communication with another individual.

According toStalking under IPC, Stalking is defined under 354d ipc, first subsection. It specifies that a man who engages in any of the following actions may face stalking charges:

  • Following a woman: This entails going after a lady in person, following her about, or observing her activities.
  • Repeated Contacts or Attempts to Contact: The man makes several attempts to get in touch with the woman. This correspondence may take the kind of phone calls, messages, or other correspondence.

Section 354d ipc Ingredients

As per the Stalking under IPC, Section 354D IPC contains some major and essential ingredients. They are as follows:

  • Any man must be the one to commit it.
  • The man who sought to approach any woman without her will was this one.
  • There is a certain repetition created by the man’s action.
  • There ought to be no conflict of interest on the woman’s behalf.

Section 354d ipc Punishment

Section 354D of the IPC delineates the penalties associated with stalking. It includes the punishment, which is that anyone found guilty of stalking:

  • For the First Offense: The accused gets a sentence of either kind of imprisonment for a maximum of three years and is responsible for the fine liability.
  • For the Subsequent Offense: The accused person may be sentenced to either kind of imprisonment for a maximum term of five years in addition to a fine.

Is 354d ipc bailable or not?

For the first offense, stalking is a crime that is punishable by law and is eligible for bail; for future offenses, the crime is punishable by law and is not eligible for bail. It is important to realize that the calculation of a subsequent offense does not begin until the first offense is found guilty.

Section 354d ipc Cases

  • In Kalandi Charan Lenka v State of Orissa case, the girl who was the victim came in looking for offensive comments made at school and made a claim about her character. Before this, an unknown mobile number had sent the victim’s father offensive messages on his phone that negatively impacted his character. Her father apologized after reading the message and let the victim know what had happened. The High Court refused the request for bail on the grounds that the person charged was prima facie culpable for sexual harassment.
  • In the Shri Deu Baju Bodake v State of Maharashtra case, the terrible death of a woman as a result of the accused’s persistent harassment and stalking was handled by the Bombay High Court. The victim was clearly resistant and uninterested, nevertheless the criminal followed and stalked her constantly, even while she was at work. The relevance of using Section 354D of the IPC in connection with aiding and abetting suicide as a means of holding the guilty accountable was emphasized by the High Court.

How Should Stalking Be Handled in India?

  • Keep track of everything, including any offensive correspondence or unsolicited texts the offender sends you.
  • Notify your close ones, such as friends, relatives, or coworkers.
  • Make contact with law enforcement and submit a report, ensuring that all pertinent information and proof of the stalker occurrences is provided. In the event that you are being stalked online, report the incident to the Cyber Cell.
  • To stop the stalker from getting in touch with you or approaching you, file for a restraining order. Additionally, consult attorneys for legal guidance on the subject.
  • Make people aware of the need to exercise caution when disclosing personal information online, and think about modifying social media platform privacy settings.
  • To offer proof, if necessary, keep track of occurrences’ dates, timings, and descriptions in your records. Make backups of all the evidence, take screenshots, and save copies. 
  • Keep track of the case’s development on a regular basis and keep yourself updated on any new legislation pertaining to stalking.

One important piece of legislation, Section 354D of the Indian Penal Code, shields women from the crime of stalking. It gives a definition of stalking, lists exceptions for specific situations, and punishes offenders.

Knowing this part is essential for anyone looking to prevent false allegations or for women who are being stalked, especially in this day and age of greater connection and technology breakthroughs.

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