ANTI-STALKING LAWS IN INDIA

A male is considered to be effectively stalking a woman if he regularly watches how she uses the internet, email, or other kinds of electronic communication. According to the legislation, stalking is punishable by up to 3 years in prison and a fee for a first offence, and up to 5 years in prison and a fine for subsequent offences.

Although stalking is frequently disregarded as a shameless and innocent conduct, it is frightening and upsetting for the victim. The victim is ultimately the one who must put up with the hassle, relocate, change employment, and occasionally even change their identity to get away from the stalker.

Despite how romanticised stalking is in Bollywood films, it does not always result in a happily-ever-after. What is Stalking?

Stalking is a sort of compulsive behaviour in which one person persistently follows and observes another. It is frequently related to a someone who relentlessly follows someone, torturing and harassing them.

Laws relating to Stalking in India

India has laws against stalking, including the Criminal Law (Amendment) Act, 2013 and the Indian Penal Code. Under these laws, stalking is defined as following or contacting someone repeatedly, causing them to fear for their safety or causing them distress. Stalking is a criminal offense punishable by imprisonment and fines. In addition, the Protection of Women from Domestic Violence Act, 2005 includes provisions to protect women from stalking and other forms of harassment by intimate partners. However, implementation and enforcement of these laws can be difficult, and there is a need for greater awareness and education about stalking and its impact.

Stalking was added as a crime under Section 354D(1) of the Indian Penal Code by the Criminal Law (Amendment) Act of 2013. According to the clause, stalking is "an act where any male continually approaches and follows a woman in order to promote personal relationship despite the lady having made it plain that she is interested in such man."

A male is considered to be effectively stalking a woman if he regularly watches how she uses the internet, email, or other kinds of electronic communication. According to the legislation, stalking is punishable by up to 3 years in prison and a fee for a first offence, and up to 5 years in prison and a fine for subsequent offences.

In India, one can hire a criminal solicitor to pursue legal action against stalking. The country's top criminal attorneys can prepare a compelling criminal complaint and submit it to the appropriate enforcement agencies. The National Commission for Women is another place where a complaint can be made.

Despite the fact that the Act has now made stalking illegal, it has drawn criticism for its flaws and lack of a clear definition. Because it solely shields women from stalking when the stalker is a man, there is an obvious inference that women do not engage in stalking. The laws on stalking continue to imply gender bias, one of the largest gaps in Indian criminal law.

Cyberstalking has taken the place of traditional stalking, which is no longer limited to physical activity. General surveys have shown that compared to their male counterparts, women make up a larger portion of those who engage in virtual or online stalking. Because to inadequate legislation, it is not possible to convict these stalkers.

Online harassment and cyberstalking in India have not received enough attention. Due to the expanded reach and readily accessible information that may be easily manipulated by someone, online stalking has surpassed physical stalking in the modern world. No matter how serious they are, these offences are regarded as minor ones. The problem of online stalking is not covered by Indian cyber laws.

There are no specific laws dealing with the offence, and Section 67 of the Information Technology Act of 2000 only applies when the stalker posts explicit material online. In these situations, it's crucial to speak with a cybercrime solicitor in India who can report online stalking to a cybercrime unit in your city.

Absence of specialised equipment to handle stalking cases has been cited as the main cause of the current laws' limited effectiveness. A method must exist to respond quickly to complaints of cybercrime and apprehend the offender more quickly.

Due to the lack of empathy and sensitisation exhibited to the victim, there is also dread established in the victim's mind about filing a complaint with the law enforcement authorities.

It is past time to draw attention to how ineffectual stalking laws are in India. Regulations against stalking, which are still quite new, are mostly unknown. To address the issue of stalking, both physically and virtually, it is necessary to set up a specialised machinery, educate the police agencies, and provide a speedy appeals process.

To handle such a situation, it is vital to disclose such offences and contact top criminal attorneys.