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Even after clear indication of disinterest shown by a woman to a man, if such man follows her, then…

Under the proviso to section 78(1) of the Bharatiya Nyaya Sanhita, 2023 (formerly section 354D IPC), such conduct does not amount to stalking if the man proves that it was…

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Even after clear indication of disinterest shown by a woman to a man, if such man follows her, then under which circumstance it would not constitute offence of stalking?

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Correct answer A

Under the proviso to section 78(1) of the Bharatiya Nyaya Sanhita, 2023 (formerly section 354D IPC), such conduct does not amount to stalking if the man proves that it was pursued for preventing or detecting crime under a responsibility entrusted by the State, that it was pursued under any law or to comply with a condition or requirement imposed by any person under any law, or that in the particular circumstances it was reasonable and justified. One-sided affection is no defence, and a commercial transaction is not automatically exempt. The underlying stalking definition separately requires its stated repeated following/contact or electronic-monitoring elements.

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