In India, the law that addresses the offense of stalking and provides protection against stalking is the Section 354D of the Indian Penal Code (IPC). This section was introduced through the Criminal Law (Amendment) Act, 2013, following the Nirbhaya case, to address issues related to crimes against women. Section 354D of the IPC - Stalking: According to this section: Definition: Stalking is defined as any person following a woman and contacting, or attempting to contact, the woman to foster personal interaction, despite the woman's clear indication of disinterest. Punishment: Stalking is a criminal offense, and upon conviction, the offender may be punished with imprisonment for a term which may extend to three years for the first offense and shall also be liable to fine. In case of a subsequent conviction, the punishment may be imprisonment for a term which may extend to five years and a fine. Protective Measures: The law allows for the issuance of protection orders to ensure the safety of the victim. A protection order may include restrictions on the accused person's movements and actions to prevent further stalking. It's important to note that stalking is a serious offense, and victims of stalking can seek protection by reporting the matter to the police. Legal action can be initiated against the perpetrator under Section 354D of the IPC. Additionally, victims may also seek assistance from legal professionals and support organizations to understand their rights and explore available remedies.

Dear client, In general, stalking is the serious offence that can have severe physical, emotional, and psychological consequences for the victim. In India, stalking is recognized as the criminal offense, and there are various legal provisions that exist to protect the individuals from such harassment. The term stalking is generally knowns as the act of following, watching, or contacting another person repeatedly to cause fear and distress. The definition for stalking is dealt under the section 354D of the Indian penal code (IPC), 1860 Legal provisions against stalking Indian penal code, • Section 354D - this section was introduced by the criminal law amendment act, 2013 in response to curb the rising cases of harassment and violence against the women. This section categorized the stalking as the cognizable offense for repeat offenders. • Section 354A – if stalking involves the making sexually colored remarks, it may also fall under the sexual harassment, punishable up to three years of imprisonment. • Section 506 – if the stalker threatens the victim with the injury to the person, reputation or property, this section applies carrying a punishment for imprisonment up to seven years or a fine. • Section 509 – if a stalker utters a word which makes gestures or exhibits objects intended to insult the modesty of the women the victim, they can be punished with the imprisonment up to three years and a fine. Information technology (IT) Act, 2000 Information technology is the risk cyberstalking, the information technology Act, 2000, has been amended to address online harassment. • Section 66A this section deals with sending offensive messages through communications service though struck down by the judgment of the supreme court in Shreya Singhal v union of India, it was easier used to curb online stalking. • Section 66C deals with identify theft if a stalker misuses the victim’s personal information, photographs or identity they can be punished with imprisonment up to three years and a fine. • Section 66E deals with the violation of privacy if the stalker published or transmitting images of a private area of any person without consent id punishable with the imprisonment up to three years or fine. • Section 67 deals with publishing or transmitting obscene material if a stalker posts obscene content targeting the victim online, it can lead to imprisonment of up to five years for a first offense and seven years for a subsequent offense. Protection of women from domestic violence Act, 2005 This act primarily aimed at domestic violence, section 3 of the domestic violence act includes stalking as a form of emotional and verbal abuse. Through the victim can seek protection orders, residence orders or monetary relief against stalker if they share a domestic relationship. The sexual harassment of women at workplace (prevention, prohibition and redressal) Act, 2013 If the stalking occurs in a workplace, a woman can able to redressal under this act. It requires employers to form an internal complaints committee (ICC) to handle such grievances. This law ensures that women are protected from the workplace harassment. The code of criminal procedure (CrPc), 1973 • Section 144 – Magistrates has the power to issue prohibitory orders to prevent potential stalkers from the contacting the victim or entering certain areas. • Section 149- Police officer can act to prevent the commission of stalking if they have reasonable apprehension. • Section 151- This section allows police to arrest stalkers without a warrant if they believe the crime will be committed imminently. • Section 354D of IPC is a cognizable offense meaning police can arrest without prior approval. Legal remedies available to victims of stalking Filing a police complaint Protection orders Cyber complaints Workplace complaints Challenges in addressing the stalking in India: Low reporting Police Apathy Burden of proof Ineffective implementation I hope this answer helps, in case of future queries please feel free to contact us. Thank you.