Understanding Stalking: Legal Definitions and Consequences

Section 77(1) BNS:  Specifically addresses stalking. It criminalises the act of repeatedly following or contacting someone, or monitoring their movements or communications, with the intent to intimidate or harass.Stalking is a persistent pattern of unwanted and intrusive behaviour that causes fear or distress to the victim. It is a criminal offence under Indian law, and various provisions address its different forms and severity. The repeated and intentional harassment or surveillance of an individual, causing them fear, distress, or alarm. This can include physical following, online harassment, or unwanted communication.

Types of Stalking: 

• Physical Stalking: Directly following or approaching the victim.

• Cyber Stalking: Using digital means to harass or intimidate the victim.

• Telephonic Stalking: Repeatedly contacting the victim by phone.

Punishment : The punishment for stalking under Section 77 BNS includes imprisonment for up to 3 years for the first offence. For subsequent offences, the imprisonment can extend up to 5 years and a  fine may also be imposed alongside imprisonment.

Legal Framework:

• Filing a Complaint: Victims can file a complaint with the police, who are required to investigate the allegations.

• Evidence Collection: Gathering evidence, such as text messages, call logs, or witness statements, is crucial for prosecution.

Trial Procedure

1. FIR Registration: An FIR is filed with the police to initiate the investigation.

2. Investigation: The police gather evidence, interview witnesses, and document the stalking incidents.

3. Charge Sheet: The police submit a charge sheet to the court, outlining the evidence against the accused.

4. Court Proceedings: The case is tried in court, where both parties present their evidence and arguments.

Judgement: The court decides the verdict and imposes a penalty if the accused is found guilty.