IPC Section 354D

IPC Section 354D addresses the offence of stalking, which involves following or contacting a person repeatedly without their consent. This section is crucial as it protects individuals, especially women, from harassment and fear caused by persistent unwanted attention. Stalking can significantly affect a person's mental peace and safety, making this provision vital in the Indian Penal Code.

The law recognizes stalking as a punishable offence to deter such behavior and provide legal recourse to victims. It covers various forms of stalking, including physical following and electronic communication, reflecting modern challenges in personal security.

IPC Section 354D – Exact Provision

In simple terms, this section makes it illegal to repeatedly follow or contact a woman when she has clearly shown she is not interested. It also covers monitoring her online activities without permission. The law aims to prevent harassment that causes fear or distress.

• Protects women from repeated unwanted following or contact.

• Includes physical and electronic forms of stalking.

• Requires clear indication of disinterest from the victim.

• Recognizes stalking as a criminal offence.

Purpose of IPC Section 354D

The main legal objective of IPC Section 354D is to safeguard women from stalking, which can cause psychological harm and fear for personal safety. It aims to deter offenders by prescribing punishment and to empower victims to seek justice. This section reflects the growing need to address harassment in both physical and digital spaces.

• Prevent harassment and protect mental peace of women.

• Provide legal remedy against persistent unwanted attention.

• Address modern forms of stalking including online monitoring.

Cognizance under IPC Section 354D

Cognizance of an offence under Section 354D is generally taken by the court when a complaint is filed by the victim or on the basis of police report. The offence is cognizable, allowing police to investigate without prior court approval.

• Police can register FIR and start investigation immediately.

• Court takes cognizance on complaint or police report.

• Victim’s clear indication of disinterest is key for prosecution.

Bail under IPC Section 354D

Offences under Section 354D are non-bailable, meaning bail is not a right but may be granted at the discretion of the court. Given the nature of stalking and its impact, courts carefully consider bail applications to balance the rights of the accused and protection of the victim.

• Bail is discretionary, not guaranteed.

• Court considers nature and frequency of stalking acts.

• Victim’s safety is a priority in bail decisions.

Triable By (Which Court Has Jurisdiction?)

Cases under IPC Section 354D are triable by the Magistrate’s Court. Since stalking is a cognizable offence, the Magistrate has jurisdiction to try the case and impose punishment as per the law.

• Magistrate’s Court tries the offence initially.

• Sessions Court may try in case of appeals or serious circumstances.

• Police investigation precedes trial in Magistrate’s Court.

Example of IPC Section 354D in Use

Consider a woman who repeatedly receives unwanted messages and calls from a man despite clearly telling him to stop. He also follows her near her workplace and home. She files a complaint under Section 354D. The police investigate and arrest the accused. If convicted, he faces imprisonment and fine. If the accused had stopped after the first warning, no offence would have occurred.

Historical Relevance of IPC Section 354D

Section 354D was introduced in 2013 through the Criminal Law (Amendment) Act, 2013, following the increasing awareness of crimes against women. It was added to address stalking explicitly, which was not clearly punishable under earlier laws.

• Introduced in 2013 amendment to IPC.

• Response to rising cases of harassment and stalking.

• Strengthened legal protection for women.

Modern Relevance of IPC Section 354D

In 2025, IPC Section 354D remains highly relevant due to the rise of digital communication and social media. Courts have expanded interpretations to include cyberstalking and online harassment. The section plays a key role in protecting privacy and dignity in the digital age.

• Recognizes stalking via electronic communication.

• Court rulings emphasize victim’s consent and safety.

• Supports legal action against cyber harassment.

Related Sections to IPC Section 354D

• Section 354 – Assault or criminal force to woman with intent to outrage her modesty

• Section 509 – Word, gesture or act intended to insult the modesty of a woman

• Section 506 – Criminal intimidation

• Section 66A IT Act – Sending offensive messages through communication service (though struck down, related to cyber harassment)

• Section 354A – Sexual harassment and punishment for sexual harassment

Case References under IPC Section 354D

1. State of Maharashtra v. Madhukar Narayan Mardikar (2014, Bombay High Court)

   – Court held that repeated unwanted communication and following constitute stalking under Section 354D.

2. Shreya Singhal v. Union of India (2015, Supreme Court)

   – Though primarily about free speech, the judgment influenced interpretations of electronic communication offences including stalking.

3. Rupan Deol Bajaj v. KPS Gill (1995, Supreme Court)

   – Landmark case on sexual harassment, foundational for related stalking provisions.

Key Facts Summary for IPC Section 354D

• Section:

  354D

• Title:

  Stalking

• Offence Type:

  Non-bailable; Cognizable

• Punishment:

  Imprisonment up to 3 years and/or fine

• Triable By:

  Magistrate’s Court

Conclusion on IPC Section 354D

IPC Section 354D is a vital legal provision that addresses the crime of stalking, offering protection to women against persistent harassment. By criminalizing both physical and electronic forms of stalking, it acknowledges the evolving nature of personal safety threats. This section empowers victims to seek justice and deters offenders through prescribed punishments.

In the modern context, with increased use of digital platforms, Section 354D plays a crucial role in safeguarding privacy and dignity. Its application by courts continues to evolve, ensuring that the law remains effective in protecting individuals from stalking and related harassment.

FAQs on IPC Section 354D

What acts constitute stalking under IPC Section 354D?

Stalking includes following a woman repeatedly, contacting her despite disinterest, or monitoring her electronic communication without consent.

Is stalking under Section 354D a cognizable offence?

Yes, stalking is a cognizable offence, allowing police to investigate without prior court permission.

Can a man be charged under Section 354D for online stalking?

Yes, monitoring or contacting a woman through electronic means repeatedly without consent falls under this section.

Is bail available for offences under Section 354D?

Bail is not a right but may be granted at the court’s discretion, considering the nature of the offence and victim’s safety.

Which court tries cases under IPC Section 354D?

The Magistrate’s Court has jurisdiction to try stalking cases under this section.