San (NA) 12 July 2013

Issuing a restraining order

Hi,

One of my cousin sister's ex-boyfriend has been harassing her for the past three years since their breakup. She has done all the possible things - changing her contact details, not keeping in touch with their mutual friends, but recently we came to know that he tried contacting her close friend to get information about her whereabouts.

Though,the friend hasn't provided any info, but it is bothering us. To ensure no such attempts are made by him in future, can we issue a restraining order against him?

If yes, then what details would be needed to issue the order. Please help!

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(Guest)

Get an FIR registerd.But before that you should try to make him aware of conseqence of his act.

San (NA) 15 July 2013

We have already warned him once. But for issuing a restraining order, do I need to register and FIR first?If yes, could you let me now what details might be required to lodge an FIR?

Ashok, Advocate (Lawyer at Delhi) 15 July 2013

Please note that a few months back, Indian Penal Code was amended, and a new Section 354D has been inserted therein, which makes “Stalking” an offence punishable with up to 3 years’ imprisonment. The definition of Stalking is as under:

“354D. (1) Whoever follows a person and contacts, or attempts to contact such person to foster personal interaction repeatedly, despite a clear indication of disinterest by such person, or whoever monitors the use by a person of the internet, email or any other form of electronic communication, or watches or spies on a person in a manner that results in a fear of violence or serious alarm or distress in the mind of such person, or interferes with the mental peace of such person, commits the offence of stalking.”

Your cousin sister can file a complaint under Section 354D of IPC against her former boyfriend since his acts are covered within this section.

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