Section 354D IPC: Stalking

Indian Penal Code, 1860

Section 354D IPC at a Glance

Section 354D IPC deals with stalking. It is cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 78 BNS.

Punishment

On first conviction, imprisonment of either description for a term which may extend to three years. On a second or subsequent conviction, imprisonment of either description for a term which may extend to five years.

Bail depends on the underlying offence ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ
BNS Equivalent

Section 78 →

Section 354D IPC Bare Act Text

354D. Stalking

(1) Any man who—

(i) 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

(ii) 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—

(i) 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

(ii) it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or

(iii) 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.

Source: Section 354D, Indian Penal Code, 1860

Section 354D IPC in Simple Words

Section 354D of the Indian Penal Code (IPC) defines and punishes the offence of stalking. A man commits stalking if he follows a woman and contacts or attempts to contact her to foster personal interaction on multiple occasions despite her clear indication of disinterest, or monitors her use of the internet, email, or any other form of electronic communication.

The provision contains three statutory exceptions where the accused proves that the conduct was pursued for crime prevention or detection under State authority, pursued under law, or reasonable and justified in the circumstances. A first conviction carries imprisonment of either description for a term extending up to three years, and liability to fine.

A second or subsequent conviction carries imprisonment of either description for a term extending up to five years, and liability to fine. The offence is cognizable, non-compoundable, triable by any Magistrate, bailable on first conviction, and non-bailable on repeat conviction.

Ingredients of Section 354D IPC

  • The accused is a man and the victim is a woman
  • The accused followed and contacted, or attempted to contact, the woman to foster personal interaction repeatedly despite her clear indication of disinterest, or monitored her use of the internet, email, or any other electronic communication
  • The three provisos, for crime prevention under State entrustment, conduct under any law, and reasonable and justified conduct, apply only where the accused proves them

Punishment Under Section 354D IPC

Imprisonment

On first conviction, imprisonment of either description for a term which may extend to three years. On a second or subsequent conviction, imprisonment of either description for a term which may extend to five years.

Fine

The offender shall also be liable to fine on every conviction.

Bail depends on the underlying offence ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ
  • Bailable: Bailable on first conviction; non-bailable on a second or subsequent conviction

Stalking is punishable on first conviction with imprisonment of either description for up to three years, and on a second or subsequent conviction with imprisonment for up to five years. On every conviction the offender is also liable to fine.

Example of Section 354D IPC

In September 2022, in Dehradun, Gaurav repeatedly followed bank clerk Nandini from her branch to the train station and approached her to start personal conversations, even after Nandini clearly told him she was not interested. Gaurav also secretly monitored Nandini's email and internet use, without any lawful duty or justification. Because Gaurav, a man, followed a woman and repeatedly attempted to contact her to foster personal interaction despite her clear indication of disinterest, and monitored her electronic communication, Gaurav is punishable under Section 354D IPC.

When Section 354D IPC Does Not Apply

  • Section 354D IPC does not apply when the person accused of following or monitoring is not a man.
  • Section 354D IPC does not apply when a man neither repeatedly follows and contacts or attempts to contact a woman after a clear indication of disinterest nor monitors her internet, email, or other electronic communication.
  • Section 354D IPC does not apply when the accused proves that the conduct was pursued for preventing or detecting crime under responsibility entrusted to him by the State.
  • Section 354D IPC does not apply when the accused proves that the conduct was pursued under any law, to comply with a legally imposed condition, or was reasonable and justified in the circumstances.

Section 354D IPC in the BNS

Section 354D IPC is now covered under Section 78 BNS.

Section 354D IPC is succeeded by Section 78 BNS. The statutory definitions, the two limbs of physical and electronic stalking, the three defense provisos, and the two-tier penalties of imprisonment up to three years on first conviction and up to five years on repeat conviction with liability to fine remain identical in substance. The provision retains the requirement that the offender be a man and the victim be a woman, with orthographic hyphenation of e-mail in clause ii.

View detailed comparison (IPC 354D vs BNS 78) →

FAQs on Section 354D IPC

What acts constitute stalking under Section 354D IPC?▼

Section 354D IPC penalises a man who follows a woman and contacts, or attempts to contact, her to foster personal interaction repeatedly despite her clear indication of disinterest, or who monitors her electronic communication.

What is the punishment on first conviction under Section 354D IPC?▼

Imprisonment of either description for a term which may extend to three years, and the offender shall also be liable to fine.

What is the punishment on a second or subsequent conviction under Section 354D IPC?▼

Imprisonment of either description for a term which may extend to five years, and the offender shall also be liable to fine.

What statutory exceptions apply under Section 354D IPC?▼

Conduct is not stalking if the accused proves it was pursued to prevent or detect crime under State entrustment, pursued under any law, or reasonable and justified in the circumstances.

Is Section 354D IPC bailable?▼

Under the First Schedule to the CrPC, stalking is bailable on a first conviction, but non-bailable on a second or subsequent conviction.

Which court conducts trials for Section 354D IPC?▼

Any Magistrate is empowered to try offences under Section 354D IPC.

Can an offence under Section 354D IPC be compounded?▼

No; Section 354D IPC is not compoundable under Section 320 CrPC.

Where is Section 354D IPC placed in the Bharatiya Nyaya Sanhita?▼

In Section 78 BNS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·