Women's Rights & Safety

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

  1. Collect Evidence: Do not delete creepy messages or call logs. Take screenshots and save them in a safe folder.
  2. Clear Communication: Send one final message saying: 'I am not interested. Do not contact me again.' This proves 'disinterest' in court.
  3. Report to 'She-Teams' or WomenHelpline (181/1091). They specialize in these cases.
  4. 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.