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2. 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 —
1. 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
2. it was pursued under any law or to comply with any condition
or requirement imposed by any person under any law; or
3. 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.
This court is of the view that the prosecution has proved the
offence u/s 354 D of IPC where the victim P.W. 1 was stalked
thoroughly on the online and this happened as the accused had
uploaded it in the virtual world.
Section 509 of the Indian Penal Code states Word, 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 gesture, or exhibits any object, intending
that such word or sound shall be heard, or that such gesture or object
shall be seen, by such woman, or intrudes upon the privacy of such
woman, shall be punished with simple imprisonment for a term which
may extend to three years, and also with fine.
Ld. Special PP at the time of argument referred a judgment
1996 AIR 309, and submitted that modesty has not been defined in
Indian Penal Code but had been beautifully described in Rupan Deol
Bajaj & Anr vs Kanwar Pal Singh & Anr.
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