INTRODUCTION:-

Stalking is unwanted or obsessive attention by an individual or group towards another

person .stalking behaviours are related to harresment and intimidation and may include
following the victim in the person or monitoring them. The word stalking is used, with some
different meanings in psychology and psychiarity and also in some legal jurisdications as a term
for a criminal offence.

According to a 2002 report by the national centre for victims of crime, “veirtually any
unwanted contacts between two people that directly or indirectly that communicates threat or
places the victim in fear can be consider stalking”, although in practice the legal standard is
usually somewhat stricter

Till 2013 stalking as a seperate offence not valid not exsist in the Indian pinal code

The term stalker began to be used by the media in the 20th century to describe people who
pester an harrase others ,initially with specific reference to the harassment of celebraties by
stranger who were described as “obsessed”.

Although stalking is illegal in most areas of the world ,some of the actions that camn contribute
to stalking can be legal ,such as gathering information someone on the phone,sending
gifts,emailing or instant messaging. The become legal when the breache the legal definition of
harassment such as sending atext is not ausually illegal,but is illegal when is frequently
repeated to an unwilling reciepant.

354D STALKING:

1 . A man who follows a women & contacts or attempts to contact such women to faster
personal interaction repeatedly dispite a clear indication of this interest by such women ;

2. Monitors the use by a women of the internet,email or any other forms of electronic
communications,commits the offense of stalking & provided that such conduct shall not
amount to stalking if the man persued it proves that;

i. It was pursued for the purpose of preventing or detecting crime & the man accused
of stalking had been entrusted with the responsibility of prevention and detention of
crime by stalk; or

It was pursued under any law or to comply.

HISTORY:-
 The section was added by criminal Ammendement

The sector was added by criminal Ammendment Act 2013 posy Delhi gang rape case. This
section takes intoboth physical stalking and cyber stalking. The section defines its scope in
terms of activities that forms of the offence of “stalking”.

The section clerly mentions that if anyone tries to monitor the activities of a woman on
internet, it will amount to stalking. Thus, if the stalker indulges in any of the activities defined
in the section, he shall be guilty of the offence under section 354D of Indian Penal Code with
any condition or requirement imposed by any peron under any law or

ii. In the particular circumstances such conduct was reasonable and justified.

2.whoever commits the offence of stalking shall be punished on first conviction with
imprissionment of either description for a term which may extend to 3 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 5 years, and shall also be liable to fine.

PSYCHOLOGY & BEHAVIOUR:

 There are various psychological reasons behind stalking like severe
narcissism,hatered,rage,restriction,envy,obsession,psychiatric dysfunction,power and
control, sadomasochristic fantasies, sexual deviance, internet addiction or religious
fanaticisim.some of them discussed below:-
 Jealousy: Jealousy can be a strong motrive behind stalking especially when it is towards
ex-partners and their cureent partners.
 Obsession and attractive:
Another motive behind stalking could be obsession and attraction.The stalker could be
attracted to vivtim sexually or mentally.Theres a fine line between admiration And
stalking.

Erotomaria:

It is kind of belief in which the stalker assumes that the victim usually a stranger or famous
person is in love with hire.It always involves sexual inclination towards someones.

Sexual harassement:

It said to be main motive behind cyberstalking.This is so because the internet reflects the real
life.

Psychological effects on vivtims:

According to Lambo Royeckters:-

“Stalking is a form of mental assault, in which the preperator repeatedly,unwontedly and

disruptively breaks into life-worls of the victims,with whom they have no relationship
moreover,the separated acts makeup the intrusion cannot by themselves cause the mental
abuse,but do taken together.

Types of stalkers:

Psychology often group individuals who stalk into two categories: pscychotic and
nonpscychotic. stalkers may have pre-existing pscychotic disorders,schizoaffective disorder or
schizopheric.

Most stalkers are non psychotic and may exhibit disorders or neuroses such as major
depression, adjustment disorder, or substances dependence as well as society of personality
disorders.Some of the symptoms pf “Obsessing over a person may be chsrscterstics of
obsessive compulsive personally disorder.

In “A study of stalkers” Identified five types of stalkers:

Rejected stalkers: Pursue their victims in order to reverse, correct or avenge a rejection.

(eg:divorce,separation.)

Resentful stalkers: pursue a vendetta because of a sense of grievance against the victims
motivated mainly by the desire to frighten and distress the victims.

Intimacy seekers seeks to establish an intimate ,loving relationship with their victim. Such
stalkers often believe that the victims is a long sought after believe that the victim is a long –
sought after soul mate, and they were meant to be togrther.

Predatory stalkers: spy on the victims in order to prepare and plan an atrack –often sexual on
the victims.

Vengenance: Vengeanance stalker motiveis to get even with the other person whom he/she
perceives has done some wrong to them.

Cyber stalking:

An internet born crime cyberstalking denotes following the foot print of an internet user; the
accussed meticulasly follows his place of visit online.

Stalking exists from pre-interned days when mostly the women experienced it while returning
school,college or worse place.
Some person,some eyes follow their movement this is alone not always with a negative
intention but often a strong liking,unsuccesfull love relation is believe it. Quite akin to it
cyberstalkingis following stealthily the movement at an internet user ,keeping track of his visits
and then happening manupulataries the knowledge of a negative purspect.

1) Cuber stalking has been made a separate offence by adding section 354D.
2) The offender shall be punished as follows:
 First conviction:- Imprisonment simple or rigorous upto three years and with five
 Second conviction:- same person committing the crime of stalking for the second time
shall be punished with imprisonment, simple or rigorour and with fine.

DIFFERENCE BETWEEN PHYSICAL STALKING & CYBER STALKING:-

Bascis of distinction Physicsl stalking Cyber stalking

Geographical physical contribution is necessary. Physical contribution is not

proximity necessary to achieve the
intended purpose.

Predictability
It is fairly predictable as the stalker It is not easily predictable as the
follows the victim. It is easy for the stalker user cyber platform & ther
investigators to trust the offendor. is no physical conformation.

Anonymity
It becomes difficulties for the
stalker to hide his identity in case
of physical stakling.
The cyber stalking comparatively,
enjoys high level of anonymity.
Anyone with immense knowledge
of technology can hide his/her
identity in virtual world.

OFFENCES RELATED TO STALKING:-

 Stalking led to physical assault & harassment.
 By stalking forced victims to leave school/college/place /residence.
 Cyber stalking causes severe mental distress to victims.
 Stalker was released on bail & subsequently attacked victim or a family member.
 Stalking led to death of victims.
  Stalker after collection of data of victim then posting it into the internet & invite them to
have sexual treatment with the victim.

Legislative framework & its short comings:-

Section 354D of IPC defines stalking. It reads as follows:-

Any man who follows a women & contacts or attempts to contact such women to faster
personal interaction repeatedly despite a clear indication of this interest by such women;
Monitors the use by a women of the internet, email or any other forms of electronic
communications, commits the offense of stalking.

The section was added by Criminal Amendment Act 2013 post Delhi gang rape case. This
section takes into account both the physical stalking and cyber stalking.

This section has many loopholes such as firstly, the section only considers “women” to be the
victim & ignores the fact that even men can be the victim. The section states that whoever
takes to monitor the usage by a woman of internet, email, or any other made of electronic
communication shall be liable for committing the offence of cyber stalking. We can see that if
focuses only on women. Thus it is gender biased legislation. Secondly, the legislators have not
mentioned the “method of monitoring”. It might happen that the person might lack the
intention but his actions amount to stalking.

Section 292 of IPC defines “obscenity”. The offence of cyber stalking takes within its purview
the act of sending obscene materials to the victim on a social networking site or through emails
or messages etc.,. where the stalker attempts to deprave the other person by sending any other
person would read see or fear the content of such material then he shall be guilty of the
offence under section 292 of IPC.

Section 507 of IPC relates to “criminal intimation by anonymous communication”. This section
states that where the stalker tries to hide his identity so that the victim remains unaware of the
source from where the threat comes, it amounts to an offense. Thus it ensures the vey
characteristics i.e., anonymous identity. The stalker shall be guilty under this section if he
attempts to conceal his/her identity.

Section 509 of IPC relates to modesty of women reads as follows:-

World gesture or act intended to insult the modesty of a woman-whoever,intending to insult

the modesty of any woman, utters any word, makes any sound or gestures or exhibits any
objects any object, intending that such word or sound shall be heard,or that such word or
sound shall be heard ,or that such gestures or object shall be seen, by such woman or intrudes
upon the privacy of such woman or intrudes upto the privacy of such woman ,shall be
published.

Section 509 suffcors from many shortcoming.Some of them are: it is a gender biased provision
as it focuses only on modesty of a women and therefore, ignore are the focts that this crime of
cybersalking is a gender neutral in nature and even makes can also be the victims in such
crimes.This section requires that the words,sound or gestures should be spoken, gestures seen
respectively.

This cyberstalker can easily escape the penality under this section as word cannot be heard on
internet. Lastly the intension of insulting the modesty of women canot be assumed from
communications on internet.

Section 67 of Information technology act, 2000 is replica of section 292 of Indian penal code.
This section relates to publicity obscene material in electronic form.

Section 67A of information technology act,2000 relates to a part of cyberstalking crime.It states
that it stalker attempts to publish any “sexually explicts” material in electronic form.

Section 67B of information technology act2000 is a newly inserted section.

The section is newly inserted by the amendment act 2008.This section focuses on when stalker
targets children below the age of 18 years and publishes material in march children are
engaged in sexual activities in order to terrorize the children.