[1][(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.] STATE AMENDMENTS [JAMMU AND KASHMIR] After section 354D, insert the
following section, namely. [2][354E. Sextortion. (1) Whoever, (a) being in a position
of authority; or (b) being in a fiduciary
relationship; or (c) being a public
servant, abuses such authority or fiduciary relationship or misuses his
official position to employ physical or non physical forms of coercion to
extort or demand sexual favours from any woman in exchange of some benefits or
other favours that such person is empowered to grant or withhold, shall be
guilty of offence of sextortion. Explanation.-For the purpose of this
section, 'sexual favour? shall mean and include any kind of unwanted sexual
activity ranging from sexually suggestive conduct, sexually explicit actions
such as touching, exposure of private body parts to sexual intercourse,
including exposure over the electronic mode of communication. (2) Any person who
commits the offence of sextortion shall be punished with rigorous imprisonment
for a term which shall not be less than three years but may extend to five
years and with fine.]INDIAN
PENAL CODE, 1860 (JAMMU KASHMIR AMENDMENT)