Mumbai High Court Nagpur Bench Decision
Mumbai – The Bombay High Court has ruled that a single instance of following a girl does not constitute stalking under the Indian Penal Code (IPC) or the Protection of Children from Sexual Offences (POCSO) Act. The ruling came in a case involving the alleged sexual harassment of a 14-year-old girl in Akola district, Maharashtra.
Justice Govinda Sanap of the Nagpur bench of the Bombay High Court clarified that to prove stalking, the prosecution must demonstrate that the accused repeatedly or constantly followed, watched, or contacted the child, either directly or through electronic media. This ruling came after the girl’s mother filed a complaint on September 4, 2020, accusing two 19-year-olds of stalking and harassing her daughter on August 26, 2020.
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