In India, stalking is a criminal offense, and the punishment for stalking is outlined under Section 354D of the Indian Penal Code (IPC). Stalking is defined as the act of following, contacting, or attempting to contact someone repeatedly, despite their clear indication of disinterest or explicit refusal of such contact. It includes actions that cause fear or distress to the victim, and it can be committed either physically or through digital means such as emails, messages, or social media.
The punishment for stalking in India varies depending on the severity of the offense and the circumstances involved. Here is a detailed explanation of the legal provisions and corresponding punishments:
- First Conviction:
If a person is found guilty of stalking for the first time, the punishment can include imprisonment for a term which may extend up to 3 years, along with a fine. - Subsequent Convictions:
If a person is convicted of stalking for a second or subsequent time, the punishment can include imprisonment for a term which may extend up to 5 years, along with a fine.
It’s important to note that the punishment mentioned above can vary based on the discretion of the court, considering the facts and circumstances of each case.
Additionally, there are certain factors that can influence the punishment:
- Aggravated Stalking:
If stalking is committed in certain aggravated circumstances, such as if the victim is a minor, or if the offender is a relative or ex-partner of the victim, the court may impose a higher punishment. - Violation of Protection Orders:
If the offender violates any protection orders issued by the court, the punishment can be more severe, with imprisonment of up to 7 years. - Prior Convictions:
If the offender has previously been convicted of a similar offense, the court may consider it as an aggravating factor and impose a higher punishment. - Harm, Fear, or Distress:
If the stalking causes harm, fear, or distress to the victim, it can be considered as an aggravating factor and may result in a more severe punishment.
It’s important to note that the legal process can vary, and it’s advisable to consult a legal professional or refer to the latest legal provisions and amendments in the Indian Penal Code for the most accurate and up-to-date information.