(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.
IPC Section 354D of the Indian Penal Code deals with the offence of “stalking.” This section addresses situations where an individual follows or contacts a woman repeatedly despite clear indications of disinterest or objection from her, thereby causing fear, distress, or harassment.
Key elements of this section include:
- Following a Woman: The individual follows a woman intending to contact or approach her despite her clear indication of disinterest.
- I am contacting a Woman: The individual contacts or attempts to contact a woman repeatedly through electronic communication or any other means despite her clear indication of disinterest.
- Monitoring Activities: The individual monitors a woman’s use of the Internet, email, or any other form of electronic communication.
- Intention: The individual’s actions cause, or are likely to cause, fear, distress, or harassment to the woman.
Is IPC Section 354D Bailable?
The bailability of IPC Section 354D depends on the specific circumstances:
- First-time Offenders: A first offence under this section is a bailable offence.
- Repeat Offenders: For a second or subsequent conviction under this section, it is a non-bailable offence.
IPC Section 354D Punishment
The Punishment under IPC Section 354D for stalking includes:
- First Conviction: Imprisonment for a term that may extend to three years and liable to a fine.
- Second or Subsequent Conviction: Imprisonment for a term extending to five years and liable to a fine.
The severity of the Punishment increases for repeat offenders, reflecting the serious nature of repeated harassment and the need to protect women’s safety and dignity.
Example of IPC Section 354D
A real-life example of IPC Section 354D involved a case where a man repeatedly followed a woman to her workplace despite her clear indications that his attention was unwanted. He also sent her numerous messages on social media, causing her significant distress. The woman reported the harassment to the police, and the man was arrested and charged under IPC Section 354D for stalking. The court found him guilty and sentenced him to imprisonment and a fine. This case highlighted the legal protections available to women against stalking and the serious consequences for those who engage in such behaviour.
In another instance, a college student monitored a female classmate’s online activities, repeatedly messaging her and showing up at places she frequented despite her objections. He was subsequently charged under IPC Section 354D for stalking. This case underscored the importance of respecting personal boundaries and the legal repercussions for violating them through persistent harassment.
