Yes, if the person is accused of stalking for the first time, he can get bail as stalking is a bailable offence. It is important to note that only men are punished under the law for stalking. If a man is being convicted by the court for repeating the crime of stalking, then stalking is a non-bailable crime. However, you can get bail for non-bailable crimes in some situations. 1 To explore more on non-bailable crimes, read our explainer on ‘Bail for Non-Bailable Crimes’.
- The First Schedule, Code of Criminal Procedure, 1973.[↩]
If the person is accused of stalking for the first time, he can get bail as stalking is a bailable offence. But if he was convicted for stalking before and has been accused for it the second time, the grant of bail will be at the discretion of the judge (as second and subsequent conviction is a non-bailable crime).
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