The Bombay High Court has made pivotal clarification on what constitutes stalking under Indian law. On December 5, 2024, the court ruled that following a girl on a single occasion does not amount to stalking under Section 354-D of the Indian Penal Code (IPC). This ruling was issued while hearing appeals in a case involving two men accused of stalking a 14-year-old girl.
Justice Govind Sanap underscored that for stalking to be established, evidence of repeated or persistent behaviour targeting the victim is essential. A one-time incident of following, the court stated, falls short of the legal criteria for stalking. The judgement clarified that the prosecution must prove consistent acts of following, watching, or contacting the victim, whether directly or digitally.
In this case, the accused faced multiple charges, including sexual assault and harassment. While one was acquitted of stalking-related charges, the other was convicted of sexual assault and received a reduced sentence based on credible evidence of entering the victim’s home and assaulting her.
This landmark ruling has sparked discussions about the nuances of stalking laws in India. By emphasising the need for persistent and threatening behaviour to constitute stalking, the court aims to refine the legal understanding of the offence while ensuring that justice is delivered appropriately in sensitive cases.
