Stalking

What this section does

This section defines and penalises stalking by a man, covering both physical following with repeated contact attempts despite clear disinterest, and monitoring a woman's internet or electronic communications. Three defences are available to the accused. Enhanced punishment applies on second or subsequent conviction.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment

First conviction: imprisonment of either description up to three years, and fine. Second or subsequent conviction: imprisonment of either description up to five years, and fine.

Triable by

Magistrate of First Class

Cognizable

Depends

Bailable

Depends

Compoundable

No

Ingredients (what prosecution must prove)

1. The accused is a man
2. He followed a woman and contacted or attempted to contact her repeatedly to foster personal interaction despite her clear indication of disinterest, OR monitored her use of the internet, e-mail, or other electronic communication
3. The conduct was not justified under any of the three statutory defences: (i) prevention/detection of crime by a State-entrusted person; (ii) compliance with a legal requirement; or (iii) reasonable and justified conduct in the particular circumstances

• IPC Section 354D — Stalking