• Stalking women

My Sister-in-law has filed a DV case against my brother(and parents and myself). During one of the court dates after that days arguments were done; she approached the judge and compalined that I, (respondents brother) have been following her.
In this situation what should i do?
I presume that she is going to file some false case as stalking against me in police station or court.
Is there something i can do as per law to safeguard myself?
Asked 4 months ago in Family Law from Pune, Maharashtra
Religion: Hindu
She may report to judge about you following her, but the court cannot do anything about it.

She can lodge a complaint with the police about stalking, but since there is a matrimonial dispute case going on in the court, you can give a statement to the police on inquiry stating that she is trying to deviate or putting pressure on you by such false complaints so that you budge to her pressure.  

The police ma not show much interest in the complaint since there is matrimonial criminal case already pending . 

By the way did you stalk her?
T Kalaiselvan
Advocate, Vellore
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1) stalking  is punishable under section 354D of IPC with imprisonment upto 3 years and also fine 

2) you have to deny that you have been following her or made any attempts to contact her 

3) you can in case FIR is filed obtain bail from Magistrate
Ajay Sethi
Advocate, Mumbai
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If the court is convinced that you have been stalking her then it can pass an order of restraint against you under DV Act to command that you should stop stalking her. This apart, she is also free to file a criminal complaint for staking, As and when she files the complaint you should apply for and obtain bail.
Ashish Davessar
Advocate, Jaipur
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Hello Questioner!

In the year 2013. by a law called Criminal Law (Amendment) Act of 2013, Stalking is made as a crime under Indian penal code, and it is defined in Section 354-D of Indian Penal Code as follows:

Stalking

"(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. "

It is the police, who has powers under Code of Criminal Procedure, to take cognizance of the offence of stalking (as defined under section 354-D of IPC), and to initiate investigation, and to investigate and file charge-sheet against you for trial of that offence.

But under Criminal Procedure Code, the offence, though Cognizable, yet it is a BAILABLE offence.  This means that the police have the power to grant bail to you, in case any FIR is registered against you.  In case of bailable offence, it is rather your right to get bail.  Assuming that she goes to police to lodge an FIR, and police approach you, offer them bail, and you should be saved from arrest.  So no need to fear about arrest.

You said that the complaint which she would file is false. So as regards the falsity of her report, that should become clear to police during investigation, as a consequence of which police souldn't file charge-sheet in the court.  

But if this doesn't happen and still police file charge-sheet against you in the court, then you will have to face the trial, and during trial, destroy the prosecution case and to establish your innocence.

In case of your acquittal, afterwards, you may file a civil suit for damages for malicious prosecution, and may be for defamation (if that happens because of her false complaint to police), against the complainant.  But that is something to be thought much later, and at that stage, you are advised to consult a lawyer after acquittal judgment.

Hope this helps.

Adv. Nahush S. Khubalkar
Nahush Khubalkar
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