There are many distinct types of crime that have emerged in societies over time, as the concept of crime differs from society to society. Actus Reus and Mens Rea are essentially the two legal theories that the Indian Penal Code, 1860, uses to punish criminal acts. Stalking typically describes the act of following someone without their consent, either physically or digitally. Stalking is considered an offence by the Indian Penal Code, although it is only punished when it is done to a woman. In its broadest meaning, stalking is the act of following someone or making an effort to speak to them secretly in an effort to frighten or disturb them. Sending threatening texts, following someone on the street or on social media, making repeated phone calls, or participating in other harassing behaviours are just a few ways to commit stalking. Typically, women are the targets of stalking, which harms them in the end. This paper will provide an outline of Section 354D and other crucial stalking elements.
Crimes Defined under Section 354D IPC
According to Section 354D of the IPC, stalking happens when a man persistently approaches a woman for liaison or sexual purposes, even after the woman has made it clear that she is not interested in getting to know him. This also includes “online stalking,” which entails keeping an eye on the way she uses the internet, email, or other forms of electronic communication.
In addition, other exceptions to it are as follows:
- If a guy went after a woman as part of his duty to the state to find out who committed the crime or stop it from happening.
- To abide by any guidelines or directives given by someone with the appropriate authority.
- Any additional situations that would support his behaviour as reasonable.
According to this clause, the penalty for stalking is three years of simple or grievous imprisonment and a fine for the first crime and five years of imprisonment and a fine for a second or subsequent offence.
What is Stalking under IPC Section 354D?
- It must be committed by any man.
- The man who followed women made unwelcome physical contact with them.
- The man’s action produces a certain repetition.
- There should be no desire on the woman’s end to pursue the matter.
Modes of Stalking
- Following the girl without her knowledge or consent
- Sending offensive messages to the girl
- Attempting to force communication with the girl against her will
- Taking pictures of the girl without her permission
- Making threats of physical and sexual assault, as well as other forms of violence
- Standing outside the girl’s house during an unwelcome visit
- Using social media and other apps to stalk the girl
Types of Stalkers
Rejected Stalker:
- A stalker who has been rejected may feel hurt and angry after being turned down, but it’s important to remember that their behavior is never justified.
- Rejected stalkers may resort to dangerous tactics like physical violence, so it’s crucial to take their behavior seriously.
Resentful Stalker:
- A resentful stalker may feel entitled to a person’s time and attention, but their behavior is still unacceptable.
- Resentful stalkers may try to intimidate or control their victims through various means, including threats or harassment.
Heroic Stalker:
- There is no such thing as a “heroic stalker” – any behavior that makes someone feel unsafe or uncomfortable is not okay.
- Stalking is a serious crime, and anyone who engages in it is not acting heroically.
Predatory Stalker:
- Predatory stalkers often seek out vulnerable victims who they can manipulate and control.
- The behavior of a predatory stalker is often motivated by a desire for power and control over their victim.
Incompetent Stalker:
- An incompetent stalker may be less skilled at stalking, but that doesn’t make their behavior any less dangerous.
- Incompetent stalkers may still resort to dangerous tactics like physical violence or harassment.
Intimacy Stalker:
- Intimacy stalkers may falsely believe that they have a romantic connection with their victim, even when none exists.
- The behavior of an intimacy stalker can be extremely distressing and traumatic for their victim.
Hitman:
- A hitman is a criminal who is paid to carry out an assassination or murder.
- Hiring a hitman is a serious crime that can result in severe legal consequences.
Stalking Punishment under Section 354D IPC
Stalking offences are punishable according to Section 354D. It also states the penalty, which is that anyone found guilty of stalking risks a sentence of imprisonment of either description for a duration that cannot exceed three years and must pay the fine liability as a primary conviction. An accused individual who receives a second conviction is subject to a fine and a period of imprisonment of either kind that cannot exceed five years.
Conclusion
Stalking is a common occurrence in India for both men and women, including housewives, students, professionals, and many more people. Despite the fact that stalking and harassment are not serious offences, many women and girls stay indoors out of fear of being followed. The Indian Penal Code has played a significant role in developing a framework for laws for women. The goal of the legislation is to handle all offences against women of all ages.
The offence is rarely taken seriously even if it is illegal because many eyewitnesses fail to notice it and the majority of stalking cases go unreported. Women don’t want to have their freedom of movement restricted. If people know what to do when they are being followed or how to use Section 354D to report the crime, record an FIR, and contact the right authorities, changes can be made.
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