Law4u - Made in India

How are stalking behaviors addressed within domestic violence laws?

12-Mar-2024
Domestic Violence

Answer By law4u team

In India, stalking behaviors are addressed within domestic violence laws as part of the broader legal framework aimed at protecting individuals from harassment, intimidation, and abuse within intimate relationships. While there isn't a specific law dedicated solely to stalking within domestic violence laws, stalking behaviors can be addressed and penalized under various provisions. Here's how stalking behaviors are typically addressed within the legal framework: Protection of Women from Domestic Violence Act, 2005 (PWDVA): The PWDVA provides legal protection and recourse to victims of domestic violence, including stalking behavior by intimate partners or ex-partners. Stalking can be considered a form of harassment or intimidation under the definition of domestic violence provided in the PWDVA. Victims can seek protection orders, including protection orders prohibiting the perpetrator from stalking or contacting them. Indian Penal Code (IPC): Section 354D of the IPC specifically addresses stalking and provides for criminal penalties for the offense. Stalking is defined as following a person or attempting to contact or communicate with them repeatedly, despite clear indications of disinterest or opposition from the victim. Stalking is a criminal offense punishable with imprisonment and/or a fine under Section 354D of the IPC. If the stalking behavior causes fear of death or injury to the victim, it may be punishable with more severe penalties under Section 354D(2) of the IPC. Criminal Procedure Code (CrPC): Victims of stalking can file a police complaint under the provisions of the CrPC. Law enforcement authorities are obligated to investigate complaints of stalking and take appropriate legal action against the perpetrators. The CrPC provides for the registration of First Information Reports (FIRs) and the initiation of criminal proceedings against individuals accused of stalking. Legal Remedies and Support Services: Victims of stalking within the context of domestic violence can seek legal remedies and support services provided under the PWDVA, including protection orders, residence orders, monetary relief, and counseling services. Victims may also seek assistance from support organizations, helplines, and crisis intervention services that offer counseling, legal advocacy, shelter, and other forms of support to survivors of domestic violence and stalking. Overall, stalking behaviors within domestic relationships are addressed through a combination of civil and criminal legal mechanisms, aiming to provide protection, recourse, and support to victims while holding perpetrators accountable for their actions. It's important for victims to be aware of their rights and legal options and to seek assistance from relevant authorities and support services when experiencing stalking or domestic violence.

Domestic Violence Verified Advocates

Get expert legal advice instantly.

Advocate Laxman

Advocate Laxman

Civil, Criminal, Family, Divorce, Domestic Violence, Anticipatory Bail, Cheque Bounce, Child Custody, Court Marriage, Cyber Crime, Bankruptcy & Insolvency, Recovery, Succession Certificate

Get Advice
Advocate Beena Singh

Advocate Beena Singh

Anticipatory Bail, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Arbitration, Cyber Crime, Landlord & Tenant, Property, RERA, NCLT, Recovery, Succession Certificate

Get Advice
Advocate Kamal Hossain Sardar

Advocate Kamal Hossain Sardar

Anticipatory Bail, Cheque Bounce, Divorce, Criminal, Documentation, Domestic Violence, Court Marriage

Get Advice
Advocate Anup R Patel

Advocate Anup R Patel

Cheque Bounce, Child Custody, Court Marriage, Customs & Central Excise, Criminal, Divorce, Domestic Violence, Family, High Court, R.T.I

Get Advice
Advocate Asish Kumar Mukherjee

Advocate Asish Kumar Mukherjee

Anticipatory Bail, Arbitration, Cheque Bounce, Child Custody, Civil, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Naval Kishore Chouhan

Advocate Naval Kishore Chouhan

Anticipatory Bail, Arbitration, Banking & Finance, Civil, Breach of Contract, Cheque Bounce, Child Custody, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Landlord & Tenant, Labour & Service, Media and Entertainment, Motor Accident, Patent, NCLT, Medical Negligence, Property, R.T.I, Muslim Law, Recovery, Succession Certificate, Startup, RERA, Supreme Court, Wills Trusts, Tax, Revenue, Trademark & Copyright, Bankruptcy & Insolvency, Armed Forces Tribunal

Get Advice
Advocate Javed Ahmad

Advocate Javed Ahmad

Court Marriage, Domestic Violence, Family, Divorce, High Court, Muslim Law, Anticipatory Bail, Cheque Bounce, Child Custody, Criminal, Cyber Crime, Documentation, Succession Certificate

Get Advice
Advocate Vedmani Tiwari

Advocate Vedmani Tiwari

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Banking & Finance, Breach of Contract, Cheque Bounce, Bankruptcy & Insolvency, Child Custody, Corporate, Consumer Court, Civil, Court Marriage, Customs & Central Excise, Criminal, Domestic Violence, Divorce, GST, Documentation, High Court, Family, Immigration, Insurance, International Law, Labour & Service, Media and Entertainment, NCLT, Property

Get Advice
Advocate M Nagaraj

Advocate M Nagaraj

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Banking & Finance, Breach of Contract, Child Custody, Civil, Bankruptcy & Insolvency, Consumer Court, Corporate, Court Marriage, Cheque Bounce, Criminal, Customs & Central Excise, Documentation, Divorce, Cyber Crime, GST, Family, Domestic Violence, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Patent, Recovery, Property, R.T.I, Startup, RERA, NCLT, Succession Certificate, Tax, Wills Trusts, Trademark & Copyright, Revenue

Get Advice
Advocate Niharika Mursenia

Advocate Niharika Mursenia

Cheque Bounce, Civil, Consumer Court, Cyber Crime, Divorce, Domestic Violence, Family, Child Custody, Court Marriage, Insurance, Landlord & Tenant, Labour & Service, Medical Negligence, Property, R.T.I, Recovery, RERA

Get Advice

Domestic Violence Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.