Theme: Sexual Crimes

[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.(( Section 354D, Indian Penal Code, 1860.))

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.(( Section 354D, Indian Penal Code, 1860.))

[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 are(( Kalandi Charan Lenka v. State of Orissa BLAPL No.7596 of 2016.)):

• 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.(( Section 354D, Indian Penal Code, 1860.))