Definition:
A man is said to commit stalking if he follows a woman or contacts her repeatedly despite her clear indication of disinterest, or if he monitors her online activities without consent.
Key Elements of Stalking:
1. Physical or Real-World Stalking:
- Repeatedly following a woman.
- Trying to contact her persistently (in person, via phone, messages, etc.) even after she says no.
2. Online or Digital Stalking (Cyberstalking):
- Monitoring the use of the internet, email, or any form of electronic communication or social media to stalk a woman.
3. Lack of Consent:
- The actions are done against the woman’s will or without her consent.
- If she makes it clear that she does not wish to be contacted or followed.
Punishment:
First Offence:
- Imprisonment: Up to 3 years
- Fine: Yes
- Nature: Cognizable and bailable
Second offence:
- Imprisonment: Up to 5 years
- Fine: Yes
- Nature: Cognizable and non-bailable
Exception:
Stalking is not punishable if:
- It was done to prevent or detect crime.
- The person can prove that they have lawful authority or justification for their actions.
Purpose of the Law:
Section 76 aims to protect women from harassment, whether in public or online spaces, and promotes safe boundaries and respect for privacy.
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