Answer By law4u team
In India, stalking is a criminal offence mainly covered under Section 78 of the Bharatiya Nyaya Sanhita, 2023 (earlier Section 354D IPC). 1. What is stalking in law Stalking includes: Repeatedly following or contacting a person against their will Monitoring someone through the internet, social media, or electronic communication Persistently trying to communicate despite clear disinterest Cyberstalking (online tracking, messaging, harassment) 2. Punishment for stalking (first offence) If a person is convicted for stalking: Imprisonment up to 3 years, and Fine (as decided by the court), or both 3. Punishment for repeated offence If the same person is convicted again for stalking: Imprisonment up to 5 years, and Fine 4. Exceptions (when it is not treated as stalking) Certain actions are not considered stalking if: Done for preventing or detecting crime by police Done under legal duty or court order Done as part of reasonable investigation or surveillance authorized by law 5. Cyberstalking (online harassment) If stalking happens through: Social media Emails or messaging apps Fake accounts or digital tracking Then it can also attract provisions under: IT Act, 2000 (cyber harassment, identity misuse, privacy violation) Additional criminal charges depending on severity 6. Legal remedies for victim A victim can: File FIR at police station or cybercrime cell Apply for protection orders in court Seek blocking or removal of accounts/content Request police monitoring or restraining action 7. Key legal principle Stalking is treated seriously because it violates: Right to privacy Right to dignity and safety under Article 21 of the Constitution In summary: Stalking in India is punishable with up to 3 years imprisonment for the first offence and up to 5 years for repeat offences, along with fine, and includes both physical and online harassment.
