(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, e-mail 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.
Legal Commentary & Landmark Judgments: Section 78
Section 78 defines and penalizes the offence of Stalking, criminalizing persistent physical following and electronic/digital surveillance of women.
Repeatedly contacting a woman despite clear refusal or tracking her social media activity is an actionable criminal offence carrying up to five years imprisonment.
Section 78 provides robust protection against obsessive stalkers and cyber-harassers. Repeatedly contacting a woman despite clear refusal or tracking her social media activity is an actionable criminal offence carrying up to five years imprisonment.