STALKING UNDER IPC – 354D

Often while returning home from school, college or work, while going on a walk alone, visiting places, standing near windows, working online, sharing information, or talking to people across our gadget screens the fear of someone unknown and unwanted watching or routing for us awakens in our minds. We always tend to be extra careful and look around for people looking at us or noticing us. Sometimes not paying attention to the casual approach or little things results in very serious unwanted situations.

In the general sense, Stalking simply means to follow any person or try to make any contact privately with that person, making them feel uncomfortable by any medium which tends to frighten that person. There are many ways when stalking is supposed to be committed such as abusive messages, tracking on the road or social media, any non-stop calls, or any other things which harass any person. The crime of stalking is generally conducted against women ultimately resulting in harm to them.

Indian Penal code,1860 provides the definition and protection against the crime of stalking under section 354D. 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

In the leading case of Shri Deu Baju Bodake vs The State of Maharashtra, Bombay High Court, 2016, the court investigated the case of a woman who committed suicide and the reason stated behind the suicide was continuous stalking and harassment by the accused.

The main essentials of physical stalking are as follows-

Stalking committed by man- stalking must be committed by any man as per section 354D of the code. For example, any man follows or tries to contact any woman against the interest of that woman.

Follows or attempts to contact any woman-  There must be any action in the form of following or trial of creating a contact by the man such as following any woman in road, shop, workplace, public place, etc.

The purpose of the following must be to create personal interaction- The sole purpose behind the conduct by the accused which included the following or trial of creating contact to the woman must be private or for the personal interaction. There must be personal interaction such as any man follows a woman with sexual intent.

The conduct must contain repeatedness-  The conduct of the accused must be in repetition or continuance. An accused must follow or tries to contact the woman repeatedly.

Absence of interest on the part of a woman- An accused shall only be punished under section 354D of the code when it is proved that the woman indicated her disinterest upon the conduct involving the following or trying of creating the personal contact by such accused. There must be a clear indication that such a woman is not interested in the conduct of the accused.

The main essentials of online stalking are as follows–

Conduct of stalking must be conducted by any man- The crime of stalking conducted online must be held by any man.

Keep the track of any use of means belonging to the woman- The crime of online stalking must include that an accused keeps the track of anything which belongs to the woman. This means that the accused looks out for anything which is used by a woman in the electronic form.

Monitoring must be conducted through the medium of the internet and any form of electronic communication. Online stalking requires to have the main essential that is an online platform of communication such as email, Facebook, Instagram, Twitter, etc. An accused must have followed or tried to created personal contact on the online platform or any social media with the woman.

PUNISHMENT

Section 354D of the Indian Penal code,1860 provides the punishment against stalking. It comprises the punishment as whoever commits the crime of stalking shall be punished with imprisonment of either description for a term which may extend to three years and shall have to pay the fine liability on the primary conviction and in the secondary conviction, an accused shall be punished with the imprisonment of either description for a term which may extend to five years and the fine liability also.

EXCEPTIONS

If any person committing stalking has been given the responsibility of precluding and finding of crime wherein such person is accountable and answerable to the state and thereby such person doing stalking for providing a shield to the woman and obviating any kinds of crime, such commission shall not be considered as a crime under this section, however, he has to prove this.

Any person committing the offence of stalking or found of doing so, has done as per any law or any of the provisions, clause needed or conditions provided under any law. Therefore, he shall not be considered as an accused under this section but for this, he has to prove that his conduct is under the supervision of any law.

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