SECTION 354D IPC - Indian Penal Code - Stalking [1]

Last Updated: 01 May, 2024
By Advocate Chikirsha Mohanty

Table of Contents
  1. IPC 354D in Simple Words
  2. IPC Section 354D related FAQs
(1) Any man who—
  1. 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
  2. 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—
    1. 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
    2. it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
    3. 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.

IPC 354D in Simple Words

According to section 354D of the Indian Penal Code, any man who repeatedly follows, contacts, or monitors a woman's electronic communications despite her clear disinterest commits the offence of stalking and can be imprisoned for up to three years on first conviction and up to five years on subsequent convictions, along with a fine. However, certain justifiable circumstances may not be considered stalking.

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Offence : Stalking

Punishment : Upto 3 years + Fine for first conviction

Cognizance : Cognizable

Bail : Bailable

Triable : Any Magistrate

(2) A stalker who is convicted of the crime of stalking will be sentenced to imprisonment in either category for up to three years and a fine. On a subsequent conviction they may be sentenced to imprisonment under either description.

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Frequently Asked Questions

Is 354 a IPC bailable or not?

IPC 354 is not a bailable offence. This means that an accused person cannot be released from jail without permission from the court. This offence is punishable by imprisonment of a maximum of two years, or a maximum of seven years. It can also be punished with a fine.

How do I get bail in Section 354D IPC?

How do I get bail under section 354a,c,d 504 and 506? The Indian Penal Code 1860 Sections 354A, 354, C, D, 504 and 506 are bailable offences. Therefore, the accused has a right to bail. To be granted bail, he must apply for it. 1 Dec 2023