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Author Topic: Stalking  (Read 758 times)

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Offline Sahana

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Stalking
« on: January 09, 2018, 04:40:06 AM »
I am a house wife living with my husband and 20 yr old daughter in one of the cities of India. Is there a way to file a case against a stalking man, who is our neighbour and who has a family with 2 small children. He has been stalking me for more than one yr and later started stalking my daughter also. Because of this, we have temporarily moved from our own house to a rented house in a different place of the same city.

We don't have solid evidence. He says, he is working from home, and watches every of our move. He wants me to know that, he is watching me and wants to keep me in constant fear. He seems slightly violent and seems to also have slight mental problems. Once, I brought this issue, in public, in our apartment society. His wife defended him and shouted at me. It was dismissed due to lack of evidence. We want to move back to our house, but don't know how to proceed.

Offline advjaibansal

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Re: Stalking
« Reply #1 on: January 09, 2018, 11:19:04 PM »
Dear Ma'am,

You and your daughter can file a complaint in the police station to prevent his harassment.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline Sahana

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Re: Stalking
« Reply #2 on: January 13, 2018, 07:47:18 AM »
Thank you so much sir.

Offline kalaskarkk

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Re: Stalking
« Reply #3 on: February 13, 2018, 12:34:34 AM »
Dear Madam,

It is an IPC offence as such you could lodge complaint with police.

S. 354 D
Stalking [1]
Description

(1) Any man who—
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
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—
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
it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
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.
1 Criminal Law (Amendment) Act, 2013


Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

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Re: Stalking
« Reply #3 on: February 13, 2018, 12:34:34 AM »

 

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