What is Stalking?

[Trigger Warning: This explainer contains information on physical violence, sexual violence, abuse and slurs which some readers may find disturbing.]

If a person repeatedly follows, contacts or monitors someone despite their disinterest or lack of consent, it is known as stalking. Stalking is a term used for numerous activities done by a person, which when taken together can disrupt the life of the survivor.¹ Under the law, only a man can be punished for the crime.

Stalking can happen in close proximity physically or over the phone or even online. The crime of stalking is:

• Repetitive in nature and is consistent.² 

For example, if a person sends love letters every day to someone, despite their disinterest.  

• Causes trauma by making someone feel uncomfortable, harassed, tortured, or intimidated. This can be physical, emotional or psychological.³ 

For example, if flowers are repeatedly sent to a person’s office by someone and this makes them the subject of ridicule at the office. 

• It is an invasion of personal space.

For example, if someone is followed every day to their place of work.

• Attempting to establish a relationship or personal contact with someone without their consent.

For example, if someone sends multiple WhatsApp messages hoping for a reply.

The punishment for online stalking is jail time up to three years along with a fine. For repeat offenders, the punishment is higher, i.e. up to five years jail time along with a fine.¹

1. Section 354D, Indian Penal Code, 1860.[↩][↩]
2. State v. Sh. Abhimanyu, District Court, (Special Judge, CBI) Delhi (2018) CA No.18/15.[↩]
3. Report of the Committee on Amendments to Criminal Law, Justice Verma Committee (2013) accessed at https://www.prsindia.org/uploads/media/Justice%20verma%20committee/js%20verma%20committe%20report.pdf.[↩]