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[Trigger Warning: This explainer contains information on physical violence, sexual violence, abuse and slurs which some readers may find disturbing.]
It is a crime to physically stalk someone, i.e. someone tries to follow a person wherever they go and contact them even after they have expressed their disinterest. Under the law, only a man can be punished for the crime.1
Some examples of physical stalking are:
- Waiting outside a person’s house every day, sending gifts and letters everyday despite a lack of interest.
- Following someone from their place of work2 to the places they visit regularly.
- Repeated requests or demands for sexual favours or confessions of love.3
The punishment for physical 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.1
- Section 354D, Indian Penal Code, 1860.[↩][↩]
- Shri Deu Baju Bodake v. The State of Maharashtra, 2016 SCC Bom 15454; Arun Kumar Mishra v. State Crl. A. No. 1577/2014; Kalandi Charan Lenka v. State of Orissa BLAPL No.7596 of 2016.[↩]
- Shri Deu Baju Bodake v. The State of Maharashtra, 2016 SCC Bom 15454.[↩]
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