Source: Supreme Court

Why in News?

Recently the Supreme Court's decision to quash the conviction of the man for stalking and criminal intimidation, based on his marriage to the complainant during the appeal process, raises questions about the intersection of personal relationships and legal proceedings. Additionally, the case highlights the importance of considering evolving circumstances, such as marriage, in judicial decisions.

What was the Background of Dasari Srikanth v. State of Telangana Case?

• The appellant faced charges for sexual harassment under Sections 11 and 12 of the POCSO Act, as well as under Section 354D and 506 Indian Penal Code (IPC).
• The trial court acquitted him of the POCSO Act offenses but convicted him for the other charges on April 9, 2021.
• In June 2023, the High Court upheld the conviction but reduced the sentence to 3 months imprisonment each for the offenses under Section 354D and 506 IPC.
• While his appeal was pending before the Supreme Court, the appellant and the victim married in August 2023.
• Considering this development, the Supreme Court noted that upholding the High Court's verdict would jeopardize their matrimonial life,
• Invoking special powers under Article 142 of the Constitution of India, the Court quashed the convictions.

What were the Court’s Observations?

• Justices BR Gavai and Sandeep Mehta observed that the offences under Section 354D IPC and Section 506 IPC are personal to the complainant and the accused appellant.
  • The fact that the appellant and the complainant have married each other during the pendency of this appeal gives rise to a reasonable belief that both were involved in some kind of relationship even when the offences alleged were said to have been committed.

What is Stalking?

• Stalking defines as a encompasses behavior such as persistent following or attempting to communicate privately with someone, with the aim of causing fear or distress.
• A stalker under IPC, is an individual engaged in the act of stalking. Stalking involves deliberately and persistently following or contacting another person without their consent, with the intention of causing fear or discomfort.

What is Stalking in IPC?

• About:
  • The Indian Penal Code of 1860 relies on Actus Reus and Mens Rea to prosecute individuals for criminal offenses.
  • Stalking, which commonly involves following someone without their consent, whether physically or online, falls under this legal framework.
    • According to Section 354D IPC, which defines stalking, a man may face stalking charges if he engages in any of the following actions:
    • Following a woman: This involves pursuing a woman in person, trailing her, or monitoring her activities closely.
    • Repeated contacts or attempts to contact: The man repeatedly tries to establish contact with the woman. This contact could be through phone calls, messages, or other forms of communication.
• Legal Provision:
  • Section 354D deals with stalking. It states that any man who
    • 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
    • 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—
      • 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
      • it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
      • in the circumstances such conduct was reasonable and justified.
• Section 77(1) of The Bharatiya Nyaya Sanhita, 2023 (BNS) deals with stalking.

What is the Element of Section 354D of IPC?

• Perpetrator: The individual committing the offense must be male.
• Unwanted Approach: The man attempts to approach a woman without her consent.
• Repetition: The man's actions must display a pattern of repetition or persistence.
• Absence of Consent: The woman's lack of consent or unwillingness to engage with the man should be evident.

What is the Punishment of offence under Section 354(2)D of IPC?

Under Section 354(2) D of the IPC, the punishment for stalking is as follows:

• First Offense: The accused may be sentenced to imprisonment for a term up to three years, or with a fine, or with both.
• Subsequent Offenses: If the accused commits subsequent offenses, they may be punished with imprisonment for a term up to five years, or with a fine, or with both.

What is the Major Case Law related to Section 354D of IPC?

• In the case of Kalandi Charan Lenka v. State of Orissa (2017) the victim, a girl, approached the court regarding offensive comments made against her at school, which tarnished her character. Additionally, her father received offensive messages from an unknown mobile number, impacting his character. Upon learning of this, the father apologized to the victim and informed her of the situation. Despite this, the High Court denied bail, stating that the accused was prima facie guilty of sexual harassment.
• In the case of Shri Deu Baju Bodake v. State of Maharashtra (2016) the Bombay High Court handled the tragic death of a woman resulting from persistent harassment and stalking by the accused. Despite the victim's clear resistance and disinterest, the accused relentlessly pursued and stalked her, even at her workplace. The High Court highlighted the relevance of utilizing Section 354D of the IPC to hold the guilty accountable for aiding and abetting suicide.

What is Section 506 of IPC?

• Section 506 of IPC deals with criminal intimidation.
• It states that whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.