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A man monitors a woman’s use of email. Assume none of the statutory exceptions applies. Which offence…

Section 78(1)(ii) of the Bharatiya Nyaya Sanhita, 2023 treats monitoring a woman’s use of electronic communications as stalking, subject to its proviso. The exceptions cover…

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A man monitors a woman’s use of email. Assume none of the statutory exceptions applies. Which offence under the Bharatiya Nyaya Sanhita, 2023 does this conduct constitute?

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Answer and explanation

Correct answer C

Section 78(1)(ii) of the Bharatiya Nyaya Sanhita, 2023 treats monitoring a woman’s use of electronic communications as stalking, subject to its proviso. The exceptions cover crime prevention or detection by someone entrusted with that responsibility by the State, conduct under law or a lawful requirement, and conduct that was reasonable and justified in the circumstances.

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Option A

Section 75 lists acts such as unwanted explicit sexual advances and requests for sexual favours. Email monitoring alone does not establish those acts.

Option B

Section 77 concerns watching or capturing a woman’s image during a private act in the circumstances defined by that section, or disseminating such an image.

Option C

Section 78(1)(ii) specifically covers monitoring a woman’s use of email, subject to its proviso.

Option D

Section 351 requires a threat of injury with the specified intent. The stated facts supply no threat.

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