1.Since you have not physically followed her so the criminal offence of stalking does not apply here as mentioned in IPC.
2. In India online stalking does not apply as appearing from section 354D IPC.
Stalking a woman
Case : I am a working professional and also studying part time. I am in love with a woman who I saw at a library where we used to visit for studying. We didnt know each other but I managed to find her email address and name. She has moved abroad since then for higher studies. I sent her flowers and wrote an email expressing my affection for her and explaining how we saw each other and how I managed to find her email. She responded initially enquiring about me after receiving the flowers but refused to respond when I expressed my affection for her. I have been writing emails to her every day since then for the last 4 months but she refuses to reply. I have not written anything unethical or sexually explicit in my emails. It is normal decent talk followed by a youtube link containing a song. Question: 1. Am I guilty of any offence under Indian Penal Code or IT Act? 2. If yes, What legal measures can I take? Regards
Asked 7 years ago in Criminal Law
Religion: Hindu
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5 Answers
For the offence of stalking to be attracted it is not a condition precedent that the content of the email should be 'sexually explicit'. You better retreat now as she is not responding to your 'affection'. If she files a complaint to the police in India you will be in trouble as you will have to apply for and obtain bail.
If she decides to initiate any legal action against you for this then it will depend on what grievances she may express before law enforcing authority.
However sending any message to an unwilling or unknown person is an offence and you may be booked under nuisance case.
You may better avoid sending any message in future and stop sending any message while the things are under control.
If she prefers a complaint then you may plan to obtain AB and then challenge the case or go for a compromise.
section 354 D of IPC 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;rther emails to her .
2) lady has not bothered to reply to your emails . yet you have persisted in sending emails to her
3) you have committed offence of stalking punishable with impriosnment upoto 3 years
4) send an email to lady apologising for sending repeated emails to her . mention that since she does not reciproacate your feelings you will not contact her again .
Dear Querist
My opinion on your queries are as under:-
1. Am I guilty of any offence under Indian Penal Code or IT Act?
Opinion: yes, you are but if she filed any complaint against you, if she said no, then you should not follow her by any mode and if you are doing so then you are committing an offence of Stalking and you can be prosecuted for the same under section 354D of Indian Penal Code and Information Technology Act-2000.
2. If yes, What legal measures can I take?
Opinion: It will be better to send a mail to her for your acceptance of her refusal and told to her that you will not massaged her anymore.
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