The case refereed by you is civil case. If you don’t want to go for FIR/criminal complaint if the Court of Magistrate, you can certainly obtain stay against the accused not the enter periphery of 200 mtrs from the victim. It is you right. Court will restrain the accused for doing so based on the proof submitted to the Court. For you information the other option you have is to file a criminal complaint in the court of Magistrate under Section 354D for with punishment so imprisonment up to three years. Such cases are easy to prove with electronic evidence.
Restraining order against a stalker
Can we obtain a restraining order against a stalker who troubles a lady on the road regularly? We would like to rule out this option before opting for police action/FIR/Imprisonment, so that he is barred for nearing the victim. We thought of this option based on the following article. https://lawcorner.in/what-is-restraining-order-and-how-to-get-a-restraining-order-in-india/#Punishment_for_violating_the_restraining_order
Asked 4 years ago in Criminal Law
Religion: Hindu
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7 Answers
It's better to file a FIR than getting retraining order. How will you prove that he is a stalker before court to get the same
Dear Client,
The easiest and most convenient method is to file a complaint under Section 354D of the IPC, wherein one can also provide suitable proofs for such behavior of the stalker. One can also register a GD against such a person and request protection from such stalker within a certain ambit from the aggrieved.
Thank you.
You can take legal proceedings and obtain restraining order against stalker
also file police complaint against stalker
You can rely upon police complaint filed by you in civil case
- A complaint can be filed against the stalker before the police and senior officer , for taking a bound from him that in future he will not repeat the said offence .
- Further, if no response then file a compliant before the magistrate for getting order.
- A civil suit for restoration will take more time than a criminal compliant.
In India, there is no such concept as of a restraining order in any law per se but it is issued in form of injunctions which is provided in the Specific Relief Act, 1963, and the procedure of its application is as per section 94 and 95 of the Code of Civil Procedure.
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.
If you do not want to make a complaint with the police about it then you 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.
Hey,
As such, Indian law doesn't have a concept of restraining order like in the west. In India, you can get an injunction for which you would have to file a civil suit. But, the same is really not that effective in the light of stalking and it also take a bit of longer time relatively when compared to filing a criminal complaint or a private complaint.
So, I would suggest rather go for a police complaint.
