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Harassment / Stalking Police Complaint

Complaint to police for stalking, physical harassment, threats, or intimidation by a known or unknown person.

Legal basis: BNS 2023 Sec. 351, 352, 354D / IT Act 2000
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📋What's Covered in This Document(2 legal provisions · 2 relief types)
⚖️ Legal Provisions Invoked
  • IPC Section 354D — Stalking
  • IT Act 2000 — Section 66E (cyber stalking)
🎯 Relief / Remedy Claimed
  • FIR registration
  • Restraining order
📂 Evidence Requirements Covered
  • Call logs / message screenshots
  • Witness accounts
🗺️ Jurisdiction Confirmed

Police station where complainant resides or incident occurred.

Limitation Period Verified

File complaint immediately.

This coverage is provided by a practicing advocate. Specific sections cited depend on the facts you provide during drafting.

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What is a Stalking / Harassment?

A harassment/stalking police complaint is a formal complaint filed with the police against a person who is repeatedly following, contacting, watching, or monitoring you against your will, or subjecting you to unwanted physical contact, verbal abuse, or threatening behaviour. Stalking was made a criminal offence in India under Section 354D IPC (inserted in 2013), punishable with imprisonment up to 3 years (first offence) and up to 5 years (subsequent offences).

When Should You Use This?

File this complaint when someone is following you physically or online, repeatedly calling or messaging despite being told to stop, monitoring your activities through devices or social media, loitering near your home or workplace, or sending unsolicited and unwanted communications. File early — do not wait for a physical assault. The law allows action at the stalking stage itself.

Legal Framework

Section 354D IPC (stalking — 3 years first offence, 5 years repeat); Section 354A IPC (sexual harassment including unwanted physical contact); Section 354C IPC (voyeurism); Section 509 IPC (words/gestures outraging modesty); Section 503 IPC (criminal intimidation); Section 66E IT Act, 2000 (violation of privacy); Section 67 IT Act (obscene content online). The Protection of Women from Domestic Violence Act, 2005 applies when the stalker is a family member or in a domestic relationship.

What Happens If It Is Ignored?

Stalking often escalates — early police action is critical. File an FIR; police can arrest a stalker without a warrant (Section 354D is cognizable). Courts can pass restraining orders preventing the stalker from approaching you, your home, or workplace. Violation of such orders attracts immediate arrest and imprisonment.

Frequently Asked Questions

What exactly constitutes stalking under Section 354D IPC?

Section 354D IPC defines stalking as: (1) following a woman/contacting her despite a clear indication of disinterest; (2) monitoring internet/electronic communication against her will. It applies to physical following, repeated calls, SMS/WhatsApp messages after being asked to stop, and online monitoring.

Can a man file a stalking complaint in India?

Section 354D IPC specifically protects women. However, men facing stalking or harassment can file complaints under Section 354A (if applicable), Section 503 IPC (criminal intimidation), or Section 509 IPC depending on the conduct. General IPC provisions on assault and criminal intimidation apply to all.

What is cyber stalking and is it different from offline stalking?

Cyber stalking involves monitoring someone's online activities, sending threatening/abusive messages online, creating fake profiles, or hacking their accounts to track them. It is covered under Section 354D IPC (for monitoring digital communication) and Section 66E/67 IT Act. Both online and offline stalking are criminally actionable.

How do I prove stalking to the police?

Maintain a detailed log of all incidents (dates, times, locations). Save screenshots of messages, emails, social media contacts. Note witnesses. Call logs from your phone can be produced. CCTV footage near your home/office can confirm physical surveillance.

What should I do if my stalker is at my workplace?

File a police complaint immediately. Inform your employer and request security assistance. If the stalker is a colleague, raise a POSH complaint (if conduct is sexual in nature) and request HR to take action. Your employer has an obligation to provide a safe working environment.

Can I get a restraining order against my stalker without going to court?

A Magistrate can pass a restraining/protection order under Section 144 CrPC (prohibitory order) fairly quickly. Under the PWDV Act (for domestic situations), a protection order can be passed the same day in urgent cases. These orders are legally enforceable.

What if the stalker threatens me after I file a complaint?

Post-complaint threats constitute criminal intimidation under Section 506 IPC and may amount to contempt of court if a restraining order is in place. Report the threats immediately to the police. This strengthens your case and can result in the stalker's immediate arrest.

What punishment can a convicted stalker get?

Section 354D IPC: imprisonment up to 3 years plus fine (first offence); up to 5 years plus fine (subsequent offences). For cyber stalking elements, additional provisions under the IT Act can be applied. Courts have also imposed conditions like no-contact orders as part of bail conditions.

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