• What is the higherst punishment for spying and stalking in India?

What is the higherst punishment for spying and stalking in India and how long will it take to get resolved?

The accused has been doing this since 2010.
Asked 5 years ago in Criminal Law
Religion: Hindu

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12 Answers

Punishment for Stalking:

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.

2) case would take some years to be disposed of

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

In Indian Territorial Jurisdiction, stalking – physical or electronic via phone calls, text messages, or emails — is a criminal offence. It is punishable with one to three years in jail.

Whoever monitors the use by a person of the internet, email or any other form of electronic communication that results in a fear of violence, or interferes with the mental peace of such person, commits the offence of stalking.

Women who are being stalked can complain to the National Commission for Women (NCW) and the Commission will take the matter up with the police. Any woman, in any part of India, can file this complaint. The Commission asks the police to then expedite the investigation. In serious cases, the commission forms an inquiry committee, which makes a spot inquiry, examines witnesses, collects evidence, etc. The Commission also has powers to summon the accused, the witnesses and police records, to facilitate the inquiry.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Spying and stalking on whom - any particular person or running this business/racket ?

Stalking a women amounts to molestation - good punishment.

Or against the interest or safety of state than 3 years which may extend to 14 years.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

In India, stalking – physical or electronic via phone calls, text messages, or emails — is a criminal offence. It is punishable with one to three years in jail.

Whoever monitors the use by a person of the internet, email or any other form of electronic communication that results in a fear of violence, or interferes with the mental peace of such person, commits the offence of stalking.”

Women who are being stalked can complain to the National Commission for Women (NCW) and the Commission will take the matter up with the police. Any woman, in any part of India, can file this complaint. The Commission asks the police to then expedite the investigation. In serious cases, the commission forms an inquiry committee, which makes a spot inquiry, examines witnesses, collects evidence, etc. The Commission also has powers to summon the accused, the witnesses and police records, to facilitate the inquiry

T Kalaiselvan
Advocate, Vellore
84720 Answers
2172 Consultations

5.0 on 5.0

The referred websites are nothing but the expressions of what they underwent or their apprehensions.

There is no use of referring such things here.

The procedure to make complaint has been given in detail in previous post.

For your information I shall repeat it:

Women who are being stalked can complain to the National Commission for Women (NCW) and the Commission will take the matter up with the police. Any woman, in any part of India, can file this complaint. The Commission asks the police to then expedite the investigation. In serious cases, the commission forms an inquiry committee, which makes a spot inquiry, examines witnesses, collects evidence, etc.

T Kalaiselvan
Advocate, Vellore
84720 Answers
2172 Consultations

5.0 on 5.0

Firslty, the offences which you talked about in your query are all congizable offences which constitute more than 3 years of punishment.

Secondly, your case is all different from those cases wherein the Supreme Court has ruled out that taking evidences by spying are permissible in court, and the person doing it would not be punished.

Thirdly, you should file the case against him as soon as possible.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

file case against him in US if offence has been committed in USA . results would be faster . file police complaint against accused of stalking

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1) The Criminal Law (Amendment) Act, 2013 amended the Indian Penal Code and added 'stalking' as a crime under Section 354D(1)(1). Under this law, stalking in India is punishable with imprisonment for up to 3 years plus fine for first conviction and imprisonment for up to 5 years with fine in case of repeated offence

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

In India, stalking – physical or electronic via phone calls, text messages, or emails — is a criminal offence. It is punishable with one to three years in jail.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

IPC

Chapter XVI

Section 354D

Stalking

Description

(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—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.

Offence

Punishment

Stalking

Upto 3 years + Fine for first conviction: bailable

Upto 5 years + Fine for second or subsequent conviction: non-bailable

So, it is bailable for the first incidence and if you are repetitive it goes non-bailable

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

1. Stalking is an offence punishable under Section 354D IPC. It runs as " Any man who 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"

2. The procedure is simple-you have to file a FIR against him in the jurisdictional police station.

3. If, however, the accused is not residing in India then it will be impossible to bring him to India for the offence of stalking as it is not a heinous offence.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Hi,

The punishment may be 3 to 14 years depending on the facts and circumstances of the case.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

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