Legal Question in Civil Litigation in India

29.09.2013

Dear Sir / Madam,

Section 354 D of the Indian Penal Code (IPC) reads as follows :

Stalking.

354D. (1) Whoever follows a person and contacts, or attempts to contact such person to foster personal interaction repeatedly, despite a clear indication of disinterest by such person, or whoever monitors the use by a person of the internet, email or any other form of electronic communication, or watches or spies on a person in a manner that results in a fear of violence, or serious alarm, or distress in the mind of such person, or interferes with the mental peace of such a person, commits the offence of stalking:

Provided that the course of conduct will not amount to stalking if the person who pursued it shows��

(i) that it was pursued for the purpose of preventing or detecting crime and the person accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State;

(ii) that it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or

(iii) that in the particular circumstances the pursuit of the course of conduct was reasonable.

(2) Whoever commits the offence of stalking shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to three years, and shall also be liable to fine.�

Section 42 sub-section (f)(iii) of Code of Criminal Procedure (Amendment) Act, 2005 (No. 25 of 2005) says Section 324 of Indian Penal Code,1860 is a non-bailable offence. This Amendment was followed by a Notification dated 21st June, 2006 in the Gazette of India, and according to this notification, Section 324 of Indian Penal Code,1860 is not a non-bailable offence. Because of lack of awareness of this notification amendment, in some places, the persons who are arrested for the offence under section 324 of IPC, could not get bail immediately, despite it still being a bailable offence.

Regards,