BACK TO SECTIONS(2018) 2 SCC 801
Bailable (1st); Non-Bailable (2nd)Cognizable: CognizableAny Magistrate
THE STATUTE
Original Text
Any man who — (i) follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or (ii) monitors the use by a woman of the internet, email or any other form of electronic communication, commits the offence of stalking.
Simplified
Section 354D codified stalking as a standalone offence in 2013. Two forms: physical stalking (following/contacting repeatedly despite clear disinterest) and digital stalking (monitoring internet, email, or electronic communications). The 'clear indication of disinterest' requirement prevents the provision from criminalising genuine courtship — there must be an explicit rejection followed by continued contact. Stalking is frequently a precursor to physical violence, making early criminal intervention critical.
Legal Evolution
Section 354D on stalking was inserted by the Criminal Law Amendment Act 2013, reflecting the Justice Verma Committee's recognition that persistent unwanted contact and surveillance constituted a form of gender-based violence not adequately addressed by existing law. India was among the later jurisdictions to specifically criminalize stalking — many US states had done so from the 1990s following celebrity stalking cases. The provision has been applied to both physical following and online/digital harassment.
Landmark Precedents
Shafhi Mohammad v. State of HP (2018)
RELEVANCE
Discussed digital surveillance and unlawful monitoring — the principles directly inform the scope of digital stalking under Section 354D.
Practical Scenarios
"Following a woman from her office to home every day — Section 354D."
"Bombarding someone with messages despite being blocked — Section 354D."
"Installing spyware on an ex-partner's phone — digital stalking under Section 354D."
Common Queries
No — the law requires 'repeatedly' contacting or following despite clear indication of disinterest. A single attempt does not qualify.