Case filed under 534 D IPC(stalking) against me. What to do

560 votes

U need some authorised person, who can search whether any particular ase has been lodged agaisnt you before the concerned police station. If yes, you need the copy of tht f i r and then get the bail at the appropriate court.

Advocate Ritam Ghosh LawRato

731 votes

Firstly there is no section as 534 D in the Indian Penal Code.

IPC 354D: Section 354D of the Indian Penal Code

Stalking1

(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.

You are requested to visit a lawyer immediately.

Advocate Aveek Bose LawRato

572 votes

Hello !!!!
Firstly, your mentioned section is wrong. The Section is 354 D. Secondly, take an anticipatory bail from the Ld. Sessions Court of the concerned jurisdiction or surrender before the Ld. Court and please co operate with the investigating agency. Thirdly, Police will give you a notice of Section 41A of Crpc and you have to comply that notice.
Punishment is 3 years imprisonment with fine for first conviction and this offense is bailable and trialable. This will obviously affect your career and you shall not apply for the UPSC examination or others. After bail order file a quashing application to quash the FIR but before filing of charge sheet by the investigating agency.

Advocate Sougata Chatterjee LawRato

712 votes

Look. you put Section 534 D. But in IPC there is no such provision at all. Actually it is 354D. First suggestion is if said friend lodged a FIR against you, collect the Case Number from the Concern Police Station/Court and take Bail by filling Anticipatory Bail Application before the Ld. District Judge or Hon'ble High Court and thereafter when process will start, it will take time. Remember, in a Criminal Case, Time is a great factor, which can change the entire situation. The matter may be compromise after an interval, Why you take tension at this stage.

Advocate Sanjoy Acharjee LawRato