⚖️ Karnataka HC Ruling: Foul Language Not Stalking Under IPC
The Karnataka High Court has clarified that foul language does not amount to stalking under IPC, ruling that sending offensive text messages alone does not fulfill the criteria under Section 354D. In a case involving digital communication, the Court emphasized the need for persistent or invasive behavior to invoke the stalking provision.
“Exchange of messages containing profanity would not amount to stalking,” stated Justice M Nagaprasanna, while quashing the Section 354D charge.
📂 Case Background: UPSC Coaching Encounter Turns Legal Battle
- The complainant alleged that Mishra recorded private videos and threatened to publish them
- Accusations stemmed from a relationship initiated during UPSC coaching in Delhi
- A registered marriage between the two was later termed “forced” by the woman
The Court distinguished stalking from the broader scope of charges and found that mere texting—even with offensive language—did not meet the threshold under Section 354D.
📜 Ruling Breakdown: What Charges Were Quashed vs Retained
| Offence | Status | Remarks |
|---|---|---|
| Stalking (IPC 354D) | ❌ Quashed | No persistent following or contact established |
| Voyeurism, Criminal Intimidation | ✅ Retained | Complaint & charge sheet substantiate claims |
| SC/ST Act, IT Act Offences | ✅ Retained | Require trial and evidence evaluation |
Justice Nagaprasanna exercised jurisdiction under Section 482 CrPC only in part, allowing other charges to proceed before trial court.
💬 Vakilify Insight
This judgment reinforces that not all offensive messages qualify as stalking—the law demands a pattern of persistent, unwanted contact or monitoring. It also underscores the importance of distinguishing between abuse of process and genuine grievances, especially when serious allegations like intimidation and voyeurism are in play.nise every element of charged speech against statutory thresholds.
🔗 Related Reading and Links
- 👉 Outbound: Bare Act of IPC Section 354D – Indian Kanoon
- 👉 Internal: Criminal Procedure Best Practices Guide
- 👉 Internal: Safeguarding Free Speech in India
