What is Section 354D IPC Bare Act?
Section 354D IPC Bare Act is the exact text of the Section 354D of the Indian Penal Code (IPC 354D), passed by the Indian Legislature or Parliament. Thus, it is a replica of the original Section 354D of the Indian Penal Code available to the people of India by the Indian legislature or Parliament.
Section 354D IPC Bare Act (As Per the Indian Legislature or Parliament)
(1) 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:
Provided that such conduct shall not amount to stalking if the man who pursued it proves that—
(i) it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or
(ii) it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
(iii) in the particular circumstances such conduct was reasonable and justified.
(2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.
What is Section 354D IPC?
Stalking is a form of harassment that has become increasingly prevalent in recent times. It can have severe psychological effects on the victim, including fear, anxiety, and depression. To combat this, Section 354(D) was introduced into the Indian Penal Code (IPC) in 2013. This section specifically deals with the offense of stalking and provides for its punishment.
As per Section 354D IPC, stalking refers to any act of following or contacting someone repeatedly, causing fear or emotional distress. The act may be physical or virtual, such as through emails, messages, or social media. The section covers a wide range of acts that can be construed as stalking, such as repeatedly calling, sending messages, or gifts, and waiting outside the victim’s home or workplace.
Section 354D of the Indian Penal Code (IPC 354D) defines the offense of stalking. Stalking refers to any act of following or contacting someone repeatedly, causing fear or emotional distress. The act may be physical or virtual, such as through emails, messages, or social media. Additionally, the act of stalking may also be punished under other provisions of the IPC, such as Section 509 IPC (word, gesture, or act intended to insult the modesty of a woman) or Section 506 IPC (criminal intimidation).
Essential Elements of Section 354(D) IPC
To prove an offense under Section 354(D) of the IPC, certain essential elements must be established. These include the following:
- Repeatedly following or contacting the victim
- Causing fear or emotional distress to the victim
- The act of stalking can be physical or virtual or any other form of electronic communication
Examples of Section 354D IPC
1) A man can be arrested for stalking and harassing a woman on social media. The accused repeatedly messaged the woman with inappropriate messages, despite her asking him to stop. The accused can be charged under Section 354D IPC and sentenced to three years in prison.
2) In another case, a man can be arrested for stalking and threatening a woman. The accused had been following the woman to her workplace and home, and had threatened to harm her if she did not agree to his advances. The accused was charged under Section 354D IPC and sentenced to five years in prison for subsequent offenses.
3) A man can be arrested for stalking and physically assaulting his ex-girlfriend. The accused had been following the woman to her workplace and home, and had physically assaulted her on multiple occasions. The accused was charged under Section 354D and sentenced to five years in prison for subsequent offenses.
Section 354D IPC Punishment ?
Section 354D of the Indian Penal Code (IPC 354D) deals with the offence of stalking. The punishment for the offence of stalking is mentioned under Section 354D (2) IPC.
The punishment for the first-time offender is imprisonment for a which may extend to three years, and shall also be liable to fine. For repeat offenders, the punishment is imprisonment for a term which may extend to five years, and shall also be liable to fine.
Is IPC 354D Bailable or Not?
The bail provisions for Section 354D IPC vary depending on the quantum of punishment.
For the offence of stalking punishable with imprisonment for a term of up to three years, the offence is bailable. This means that the accused can apply for bail and can be released on bail as per the discretion of the court.
For the offence of stalking punishable with imprisonment for a term exceeding three years (more than 3 years and up to five years), the offence is non-bailable. This means that the accused cannot apply for bail as a matter of right and has to approach the court for bail. The court may grant bail only after taking into account various factors such as the gravity of the offence, the criminal antecedents of the accused, and the likelihood of the accused fleeing from justice.
Section 354D IPC Compoundable or Not?
Section 354D of the Indian Penal Code (IPC 354D) is a non-compoundable offense. This means that the victim of stalking cannot compromise or settle the case with the accused person. The case must be investigated, tried, and punished according to the law, regardless of whether the victim wants to forgive or not.
The reason behind this is that the crime of stalking is considered to be a serious offense that can cause significant emotional and psychological trauma to the victim. Allowing it to be compounded or settled privately may lead to further victimization and encourage the accused to repeat the crime.
Section 354D IPC Cognizable or Not?
Section 354D of the Indian Penal Code (IPC 354D) is a cognizable offense. This means that the police can arrest the accused without a warrant and start an investigation into the matter upon receiving a complaint from the victim or any person on their behalf. The police can also search and seize any relevant evidence related to the offense.
Section 354D IPC Judgments / Rulings
IN THE SUPREME COURT OF INDIA :
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