How to defend false accusation under section 354D of IPC?


The question arises is that the police had filed an fir or not. If the police had filed an fir then you will have to get an anticipatory bail and then wait for the proceeding to get to the witnessing of the girl,after that you will acquitted.

You shall need to bring evidence that you were in relation with Girl and she is the one who insisted in talking with you and hence offense under section 354D is not made out. Statement of Girl of of lot of importance, and if she supports you in her statement, then this FIR may lead to closure. In the alternate you may also approach HIgh court u/s 482 Crpc for quashing of FIR.

Any man whoÑ

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 stalking.

Provided that such conduct shall not amount to stalking if the man who pursued it proves thatÑ
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.

Reference: Sec 354 D Of Indian Penal Code
Sec 482 of Criminal Procedure Code



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