In a noteworthy ruling, the Bombay High Court held that simply moving one’s head to music while riding a bike does not amount to stalking under Section 354D of the Indian Penal Code. The case involved a man accused of stalking after a woman complained that his actions while following her on a motorbike caused her to lose control of her scooter.
Case Background
The incident occurred when the complainant noticed the accused riding close behind her, allegedly moving his head rhythmically to music. The woman interpreted his actions as an attempt to harass or intimidate her, which led to her filing a complaint of stalking. As a result, the accused was charged under Section 354D, which deals with the offense of stalking, along with charges for rash and negligent driving under other sections of the Indian Penal Code.
Legal Issues and Defense
The primary question before the court was whether the man’s behavior of grooving to music could be classified as stalking or an attempt to make unwanted advances towards the complainant. The defense argued that the accused was merely listening to music and not directing any gestures or actions toward the complainant. The defense further stated that the movements of his head were involuntary and linked to the music playing on his bike, with no intent to harass or intimidate.
Court’s Analysis and Ruling
The Bombay High Court analyzed the evidence, noting that there was no direct interaction or communication between the accused and the complainant. The court emphasized that stalking involves continuous or repeated attempts to contact or follow someone with the intention of fostering unwanted interactions. In this case, the accused’s actions, though possibly alarming to the complainant, did not meet the threshold for stalking.
The court ruled that while the accused’s conduct may have caused discomfort, it was not an intentional act of harassment or an attempt to initiate contact with the complainant. The court observed that moving one’s head to music could not reasonably be construed as an act of stalking in the absence of further intent or action.
Outcome and Conclusion
While the court dismissed the stalking charges, it upheld the conviction for rash driving based on the evidence that the accused’s actions contributed to the complainant losing control of her scooter. The judgment highlighted the importance of distinguishing between innocent, albeit unusual behavior, and criminal intent in stalking cases.
The ruling sets a precedent that non-verbal actions like moving to music, without intent to communicate or intimidate, do not constitute stalking under the law. It underscores the need for clear evidence of intent in harassment-related cases.
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