Stalking
AI Assist
Summary
A man who repeatedly follows or repeatedly contacts a woman despite her clear indication of disinterest, or who monitors her internet or electronic communications, commits stalking. Conduct is not stalking if it was to prevent or detect crime by someone entrusted by the State, required by law, or reasonable in the circumstances. First conviction: up to 3 years imprisonment and fine; second or subsequent conviction: up to 5 years and fine.
Example
Priya tells Arjun she is not interested, but Arjun keeps following her to work and messaging her repeatedly, and checks her social media. Priya files an FIR; Arjun can be charged with stalking and on conviction face up to three years imprisonment and a fine. If he repeats the offence later, he can face up to five years and a fine.
Bare Act
Enacted text(1) Any man who,
(i) 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
(ii) monitors the use by a woman of the internet, e-mail 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,
(i) 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
(ii) it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
(iii) 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.
BNSS Classification
- Stalking: Imprisonment up to 3 years and fine.
- Second or subsequent conviction: Imprisonment up to 5 years and fine.
- Cognizable
- Bailable for Stalking
- Non-bailable for Second or subsequent conviction
- Triable by Any Magistrate
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