ABSTRACT

The Protection from Harassment Act, 2014 came into effect on November 15, 2014 to protect persons against harassment, cyberbullying, and unlawful stalking. Civil remedies and criminal recourse are provided through the state courts. The Act also introduces the new offense of unlawful stalking, which is defined to mean a "course of conduct involving acts or omissions with stalking that causes harassment, alarm or distress to the victim". Under this offense, the accused must either have the intention or knowledge, or ought reasonably to have the knowledge, that his/her conduct was likely to cause harassment, alarm, or distress to the victim. The new legislation criminalizes a "course of conduct" related to stalking, which has the effect of causing harassment, alarm, or distress. The "course of conduct" includes acts which may in themselves be innocuous, but which when done repeatedly, and especially where unwanted, may cause victims harassment, alarm, and distress.