What legal action can you take against stalking?
If someone is following you, watching you, or repeatedly calling/messaging you even after you said 'No,' it is a crime called 'Stalking'. This includes 'Cyber Stalking'—when someone monitors your Instagram, Facebook, or WhatsApp without your permission. It is a serious offense, and the police can arrest the person for it.
Constitutional Basis: Article 21 — Right to Privacy and Liberty
The Supreme Court has expanded Article 21 to include the right to move freely and the right to be left alone. Stalking is a form of harassment that destroys a person's mental peace and liberty.
Legal Reality & Statutory Framework
Stalking is a criminal offense under Section 78 of the Bharatiya Nyaya Sanhita (BNS) (formerly Sec 354D IPC). It defines stalking as: 1. Following a woman and contacting her despite clear disinterest. 2. Monitoring a woman's use of the internet or email. For the first offense, the person can get 3 years in jail. For the second offense, it is 'Non-Bailable' and carries 5 years in jail.
Practical Example
A man creating fake profiles to message a woman after she blocked him is committing 'Cyber Stalking'.
Recommended Action Steps
- Collect Evidence: Do not delete creepy messages or call logs. Take screenshots and save them in a safe folder.
- Clear Communication: Send one final message saying: 'I am not interested. Do not contact me again.' This proves 'disinterest' in court.
- Report to 'She-Teams' or WomenHelpline (181/1091). They specialize in these cases.
- File an FIR under Section 78 of the BNS at your local station or online.
Frequently Asked Questions (FAQs)
Q: Is online 'Liking' of old photos stalking?
A: Generally no, but if someone is using that information to track your location or sending unwanted messages, it becomes Cyber Stalking.
Q: Can a woman stalk a man?
A: Under the current IPC 354D, only a man can be a 'perpetrator' and a woman a 'victim'. However, men can file cases for 'Harassment' or 'Defamation' under other sections.
Q: What if the stalker is a 'Secret' person?
A: The police Cyber Cell can track IP addresses and phone locations to find the identity of an anonymous stalker.
Q: Is the stalker arrested immediately?
A: For the first offense, they might get bail from the station. But for a repeat offense, they stay in jail until a Judge hears the case.