What is Section 354D IPC? Stalking
Published on: Lawiz Team
Learn about Section 354D IPC: Stalking
Official Legal 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, email, or any other form of electronic communication,commits the offence of stalking.
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.
Exception: This section does not extend to any act done in the course of preventing or detecting crime authorized by the State or done in the course of any legal duty.
Explanation: The term “man” includes a person of any gender who follows or monitors a woman as defined above.
What This IPC Section Means – Explained in Simple Words
Section 354D punishes anyone who follows, contacts, or attempts to contact a woman repeatedly despite her clear disinterest, known as stalking.
Purpose
To protect women from being repeatedly harassed, followed, or contacted against their will.
Bailable or Not Bailable & Punishment
Bailable: Bailable (for first offence), Non-Bailable (for subsequent offence), Punishment: Imprisonment up to 3 years, and fine for first offence; Imprisonment up to 5 years, and fine for subsequent offences.
Key Elements
1. The woman must be followed, contacted, or monitored. 2. It must be done repeatedly. 3. The woman must have clearly expressed disinterest.
Punishment Details
Imprisonment of up to three years for first offence, and up to five years for subsequent offences, along with a fine.
Illustrative Example
If a person repeatedly sends messages to a woman despite her asking them to stop, it is considered stalking under Section 354D.
Legal Defenses
If the accused can prove that the contact was for lawful purposes or with consent, they may be acquitted.
Related Sections
Related to Section 354 (Outraging modesty) and Section 509 (Insulting modesty).
FAQs
What is stalking under Section 354D IPC?
Following a woman repeatedly or monitoring her online activities.
What is the punishment for stalking?
First offence - up to 3 years imprisonment; repeat - up to 5 years.
Is stalking cognizable?
Yes, cognizable and partly bailable.
Example of stalking?
Repeatedly following a woman to her workplace.
How to file a stalking complaint?
Report to police immediately.
What are valid defences?
Lawful duty or prevention of crime is a valid defence.
Which court handles stalking?
Handled by Magistrate or Sessions court based on seriousness.