IPC Section 354D — Stalking

criminal force and assault

Criminal

Summary

A man commits the offence of stalking if he repeatedly follows a woman and contacts or tries to contact her to build a personal relationship, even after she has clearly shown she is not interested. It is also stalking if he monitors how a woman uses the internet, email, or other electronic communication. However, this conduct is not stalking if the man can prove he was doing it to prevent or detect a crime and was authorised by the State for that purpose, or if he was following a legal requirement, or if his actions were reasonable and justified in the circumstances. The punishment for a first conviction is imprisonment for up to three years and a fine, and for a second or later conviction, imprisonment for up to five years and a fine.

Official Text

(1) Any man who, follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or
monitors the use by a woman of the internet, email or any other form of electronic communication,
commits the offence of stalking1;

Provided that such conduct shall not amount to stalking if the man who pursued it proves that
it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or
it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
in the particular circumstances such conduct was reasonable and justified.

(2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

Related Judgments

  • ATTORNEY GENERAL FOR INDIA v. SATISH AND ANOTHER — Supreme Court of India (2021)
  • C.R.P. 37/2021 — High Court of Delhi (2021)
  • INDEPENDENT THOUGHT v. UNION OF INDIA & ANR. 835 — Supreme Court of India (2017)
  • SC (2024) Vol.2 p.111 — Supreme Court of India (2024)
  • SC (2025) Vol.3 p.490 — Supreme Court of India (2025)
  • BAIL APPL. 3497/2020 — High Court of Delhi (2021)
  • ... Appellant/Accused vs State rep. By, — Madras High Court (2017)
  • SC (2025) Vol.12 p.505 — Supreme Court of India (2025)

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