Know your laws: Crime begins with stalking

31 May 2015 | by The Petticoat Journal | NEW DELHI

A rape just got cancelled from India’s calendar when a brave girl fought back her violator. A 30-year-old man broke into this 25-year-old lawyer’s house at 9:30pm on 27 May and hit her on the head with an iron rod. Even as she fell, he tore off her clothes. But she kicked him continuously and raised alarm. He panicked and ran away. The girl was taken to a neighbourhood nursing home which refused to admit her even as the cops watched. She was then admitted to AIIMS Trauma Centre.

 

The assaulter was arrested within 12 hours after a special team of Delhi Police launched a door-to-door search in the Jungpura and Bhogal neighbourhood following a warning of indefinite strike by the bar council.

 

Thumbs up for this brave girl…and also for her neighbours who called up the police and later escorted her to the hospital.

 

However, at the same time, the victim may have acted faster. The violator, Mukesh Kumar, who dealt in computer parts for a living, had been stalking this brave woman everyday for some time now. She could have got him booked for stalking. Being a lawyer, was an added advantage for her as she would know the laws well and also the system from within.

 

stalking

 

According to Section 354d Indian Penal Code (IPC):

 

‘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.’

 

Definition of ‘stalking’ as per Section 354d IPC:
‘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 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; or
(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.

 

Not knowing these laws has not helped much. Knowing them 

 

 

 

What to Do!

If you, or a woman or women around you, are subject to domestic violence, sexual harassment, sexual violence, and other atrocities at home or anywhere else, here is what you can do.

Know more

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