Single Instance Of Following Not Stalking: Bombay High Court Clarifies Legal Criteria

Mumbai: The Bombay High Court, in a remarkable ruling, has stated that a single instance of following a girl does not constitute stalking under Section 354(D) of the Indian Penal Code (IPC). The court’s remark came up while hearing appeals filed by two 19-year-old men accused of sexual harassment and trespassing in a case involving a 14-year-old girl. The court remarked that repetitive or persistent behaviour counts as an offence of stalking.

Justice GA Sanap clarified the term stalking while hearing the case. According to his court, stalking requires repetitive or persistent behaviour, such as following, watching, or attempting to contact the victim through physical or digital means. However, in the present case, the stalking charge was based on a single incident where the accused followed the girl to a river.

"One solitary instance of following a girl cannot be categorised as stalking under the IPC. The law necessitates proof of repeated or persistent acts to establish such an offence," Justice Sanap said during the hearing.

The case dates back to January 2020, when the primary accused followed the minor girl and expressed a desire to marry her. Despite the girl's clear rejection and her mother's intervention with the accused's family, he continued to harass her.

On August 26, 2020, the accused allegedly trespassed into the girl's home, gagged her and touched her inappropriately. The second accused was allegedly stationed outside the house during the incident.

The trial court had convicted both men on multiple charges under the IPC and the Protection of Children from Sexual Offences (Pocso) Act, including stalking, sexual harassment, house trespass, and criminal intimidation.

The court upheld the conviction of the primary accused under Section 354(A) of the IPC for sexual harassment and Section 8 of the POCSO Act for sexual assault. However, the sentence was modified considering the accused's young age and the time already spent in custody.

The second accused was acquitted of all charges, as the court found no evidence of an active role beyond standing guard outside the house.