What is Physical Stalking?

[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. er Under the law, only a man can be punished for the crime¹.

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 love³.

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 ⁴.

1. Section 354D, Indian Penal Code, 1860.[↩]
2. Shri Deu Baju Bodake v The State of Maharashtra, 2016 SCC Bom 15454; Arun Kumar Mishra vs. State Crl. A. No. 1577/2014; Kalandi Charan Lenka v State of Orissa BLAPL No.7596 of 2016.[↩]
3. Shri Deu Baju Bodake v The State of Maharashtra, 2016 SCC Bom 15454.[↩]
4. Section 354D, Indian Penal Code, 1860.[↩]