‘Single instance of following a girl is not stalking’: Bombay high court

In a key ruling, the Nagpur bench of the Bombay high court said that a single instance of following a girl does not constitute stalking under Section 354-D of the Indian Penal Code (IPC), which was not replaced by the Bharatiya Nyay Sanhita (BNS) when the case that the court was hearing was filed.

The court highlighted that repeated or persistent behaviour is required to establish the offense of stalking, reported LawTrend.

Justice Govind Sanap delivered the ruling on December 5, 2024, in response to separate appeals filed by the two individuals challenging their convictions for several offenses under the IPC and the Protection of Children from Sexual Offences Act (POCSO Act).

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The Bombay high court partially upheld their appeals, acquitting them of certain charges while confirming their convictions for others.

The case

The victim of the case was a 14-year-old girl hailing from Maharashtra's Akola, who alleged that the two accused had harassed her over a period of several months.

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The prosecution in the case claimed that the victim's younger sister had been witness to one of the accused entering the victim's house forcibly in August 2020, groping her and threatening her to not tell anyone about the violent act.

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Earlier, a trial court, had convicted both of the accused under Sections 354 (outraging modesty), 354-D (stalking), 452 (house trespass), and 506 (criminal intimidation) of the IPC, as well as Sections 7 and 11 of the POCSO Act, sentencing them to rigorous imprisonment ranging from three to seven years.

High court ruling

Justice Sanap said, "The prosecution must prove that the accused repeatedly or persistently followed or watched the victim. A single act of following cannot constitute the offense.”

One of the accused in the case was acquitted of all charges. The other, continued to be charged under Section 354-A IPC (sexual harassment) and Section 7 of the POCSO Act (sexual assault) as the court found credible evidence of him sexually assaulting the girl.

However, the charges under Sections 354-D IPC (stalking), 452 IPC (house trespass with preparation for assault), and 506 IPC (criminal intimidation) were removed.

The second accused also received a sentence reduced to 2 years and six months, which he had already served. His fine was also reduced.