Section 354D of IPC : Section 354D: Stalking

Explanation using Example

Example 1:

Ravi, a 30-year-old man, works in an office in Mumbai. He develops an interest in his colleague, Priya, and starts following her after work. Despite Priya clearly telling Ravi that she is not interested in any personal interaction, Ravi continues to follow her to her home and tries to contact her through phone calls and messages. Priya feels harassed and files a complaint with the police. Under Section 354D of the Indian Penal Code, Ravi's actions constitute stalking, as he repeatedly followed and attempted to contact Priya despite her clear indication of disinterest.

Example 2:

Ankit, a college student in Delhi, is infatuated with his classmate, Neha. He starts monitoring her social media activities, including her posts, messages, and online interactions, without her consent. Neha notices that Ankit is constantly commenting on her posts and sending her messages, making her uncomfortable. She blocks him, but Ankit creates fake profiles to continue monitoring her online activities. Neha reports this behavior to the authorities. Ankit's actions fall under the definition of stalking as per Section 354D of the Indian Penal Code, as he monitored Neha's use of the internet and electronic communication without her consent.

Example 3:

Rajesh, a private detective, is hired by a woman to gather evidence of her husband's extramarital affair. Rajesh follows the husband and monitors his online activities as part of his investigation. The husband notices Rajesh's actions and files a complaint for stalking. However, Rajesh can prove that his actions were pursued for the purpose of detecting a crime (the extramarital affair) and that he was entrusted with this responsibility by his client. In this case, Rajesh's conduct may not amount to stalking under the exceptions provided in Section 354D of the Indian Penal Code.

Example 4:

Suresh, a government official, is tasked with monitoring the online activities of individuals suspected of engaging in illegal activities. During his surveillance, he monitors the internet usage of a woman who is suspected of being involved in a cybercrime. The woman becomes aware of the monitoring and files a complaint for stalking. Suresh can defend his actions by proving that his conduct was pursued under the law and that he was complying with the requirements imposed by his official duties. Therefore, his actions may not be considered stalking under the exceptions provided in Section 354D of the Indian Penal Code.