Optional Grouping: Stalking

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.[↩]

What is Physical Stalking?

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

It is a crime to physically stalk someone, i.e. someone tries to follow a person wherever they go and contact them even after they have expressed their disinterest. Under the law, only a man can be punished for the crime.1

Some examples of physical stalking are:

  • Waiting outside a person’s house every day, sending gifts and letters everyday despite a lack of interest.
  • Following someone from their place of work2 to the places they visit regularly.
  • Repeated requests or demands for sexual favours or confessions of love.3

The punishment for physical 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. Shri Deu Baju Bodake v. The State of Maharashtra, 2016 SCC Bom 15454; Arun Kumar Mishra v. State Crl. A. No. 1577/2014; Kalandi Charan Lenka v. State of Orissa BLAPL No.7596 of 2016.[↩]
  3. Shri Deu Baju Bodake v. The State of Maharashtra, 2016 SCC Bom 15454.[↩]

How does Stalking over the Phone Happen?

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

If someone repeatedly contacts a person through calls or texts by the means of a telephone, then, it is a crime under the law. Under the law, only a man can be punished for the crime.1

For example, sending someone messages on their phone begging to meet them or for sex despite a clear disinterest from their end.

The punishment for stalking over the phone 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.[↩][↩]

What is Cyber Stalking?

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

If a person persistently monitors or follows a person’s activity on the internet through email, social networks and instant messaging applications such as WhatsApp etc. it is a crime of cyberstalking.

Some of the common forms of cyber stalking are1:

  • Persistent contact by someone on different modes of social media, for example, WhatsApp and Facebook.
  • Using social media to get all personal information and pictures of someone to use it against them.
  • Sending emails containing obscene images and videos, displaying nude or morphed pictures along with threats and abuses.
  • Posting obscene/nude pictures of someone on the internet or on a pornographic website.
  • Monitoring a person’s activity by accessing a computer’s webcam or a computer device.

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.2

  1. Kalandi Charan Lenka v. State of Orissa BLAPL No.7596 of 2016.[↩]
  2. Section 354D, Indian Penal Code, 1860.[↩]