Stalking only means physically following someone.

This law also covers monitoring someone's internet, email, or electronic communications without their consent, which counts as stalking even without any physical following.

Indian Penal Code, 1860

Section 354D

repealed

Stalking

(1) 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 stalking1; 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 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.§

Why this exists

This section was added in 2013 to recognise stalking, both physical and, importantly, through online monitoring, as a serious and often escalating form of harassment against women, following recommendations after the 2012 Delhi gang rape case. It also builds in narrow exceptions for legitimate law enforcement or legally required monitoring, and for conduct that is genuinely justified in context. After 2024, this offence corresponds to Section 78 of the Bharatiya Nyaya Sanhita.

Common misconceptions

Myth: Stalking only means physically following someone.
Fact: This law also covers monitoring someone's internet, email, or electronic communications without their consent, which counts as stalking even without any physical following.