In India, is it a crime to propose to a girl?

Index:

• Introduction
• Section 354-D Stalking a woman
• When stalking is not an offense under section 354-D
• Is it a crime to send a friend request to a girl on Facebook?
• Case: Santosh Kumar Singh Vs. State Through CBI 2010
• Case: Arvind Kumar Gupta Vs. State 2018
• Conclusion

Introduction:

Proposing a girl is not a crime. There is no direct provision for this in the Indian Penal Code 1860. But even after refusing that girl, if a boy repeatedly proposes to a girl, then it comes under the category of an offense under the Indian Penal Code. Suppose a boy proposes to a girl repeatedly with a wrong intention or after proposing. If that girl goes into depression or has some other problem, then the boy will be guilty under section 354-D of the Indian Penal Code.

When Lord Macaulay framed the Indian Penal Code in 1860, there was no section 354-D. This section was added after the Nirbhaya incident of December 2012. After this Nirbhaya case, a 3-member committee of Justice Verma prepared a 631-page report in 29 days, which was handed over to the government on 22 January 2013. In this report, it was recommended to make provisions for stringent punishment for the provisions related to molestation and rape of women. Several offenses related to molestation were made non-bailable.

Earlier, a case was registered under section 354 of the Indian Penal Code in the case of molestation. If found guilty under the section, there was a provision of imprisonment for two years. Also, this case was bailable. After the committee of Justice Verma, Section 354 was divided into four parts, and provisions related to molestation were added. After the legal change, a provision of imprisonment of up to 5 years was made if found guilty under section 354. It was punishable with imprisonment of not less than one year. Along with this, the offense of molestation has been made non-bailable. Provision has been made under sections 354A, 354B, 354C, and 354D.

Section 354-D Stalking a woman:

• Any man who repeatedly pursues a woman or a girl against her will by a man or attempts in any way to have contact with her, even if the woman has expressly refused, then the man is punished under this section. Or
• If any person is found guilty of the offense of stalking, he shall be punishable with imprisonment of three years and shall also be liable to a fine.
• On a second conviction, shall be punishable with imprisonment for a term of five years and shall also be liable to a fine.

When stalking is not an offense under section 354-D:

• If that man pursues a woman for the State's prevention and detection of an offense, it does not amount to an offence. Such an act complies with any condition or requirement imposed by any person under any law or any law.
• Such conduct must be appropriate and appropriate in special circumstances. It is not a crime if a boy proposes to a girl.
• But even after the girl's refusal, the boy repeatedly proposes to a girl and follows her with a wrong intention; then, it comes under the offense category under section 354-D.

Is it a crime to send a friend request to a girl on Facebook?

• Generally, sending a friend request on Facebook of a girl is not a crime. Provided that sending a girlfriend request on Facebook repeatedly and after deleting the request by that girl sending a friend request on Facebook again and harassing the girl is an offense under subsection 1(ii) of section 354-D.
• Under sub-section 1(ii) of section 354-D, if a man harasses a woman by calling on WhatsApp or emailing her repeatedly, that is also an offense under section 354-D.
• The offense under subsection 1(ii) of section-354-D is non-bailable.
• Under Section 354-D, a man cannot compromise with a woman.

Case: Santosh Kumar Singh Vs. State Through CBI 2010

• This case predates this section 354-D. In this case, offender Santosh was stalking a 25-year-old law student Priyadarshini Mattoo who was residing in New Delhi.
• The girl was raped and murdered. This student was stalked and harassed by Mr. Santosh Singh, son of a former IPS officer. A case of stalking and harassing was registered against Santosh under section 354.
• At that time, this section was bailable, so the offender was once arrested and released on bail.

Case: Arvind Kumar Gupta Vs. State 2018

• The criminal Arvind Kumar used to go after a woman to her office every day and used to stand beside her when she returned from work. This continued for a year. The woman has lodged an FIR.
• The court held that Arvind Kumar was guilty of stalking the woman under section 354-D(1)(i); he, without any doubt, wanted to converse with the woman even though he had expressed his dissent.

Conclusion

The Indian Penal Code has played an essential role in shaping the profile of women by amending the provisions of Section 354 for women. Most cases of stalking of a woman go unnoticed as women do not want to risk their freedom of movement, and sometimes even eyewitnesses ignore it. This is the reason why crime is not taken seriously. After the 2012 Nirbhaya case, even though a provision has been made to punish it, women still do not come forward and file a case. With awareness and education about Section 354-D to report a crime of stalking, file an FIR, and approach the proper authorities, the status of women can be changed.

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