Under the Bharatiya Nyaya Sanhita, 2023, a man reads a woman's public social-media posts and follows…
Section 78 distinguishes repeated unwanted efforts at personal interaction from monitoring how a woman uses electronic communications. The facts establish neither. There is…
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Under the Bharatiya Nyaya Sanhita, 2023, a man reads a woman's public social-media posts and follows her public account. He does not contact her, track her use of electronic communications, view a private act or distribute any content. The posts are ordinary fashion photographs. What offence, if any, do these facts establish?
Answer and explanation
Correct answer D
Section 78 distinguishes repeated unwanted efforts at personal interaction from monitoring how a woman uses electronic communications. The facts establish neither. There is also no private act for Section 77 or prohibited dealing in obscene material under Section 294.
Option feedback
Option A
The facts show neither repeated unwanted contact under Section 78(1)(i) nor monitoring of her use of electronic communications under Section 78(1)(ii).
Option B
Section 77 concerns watching, recording or disseminating images of a woman engaging in a private act under the specified circumstances. No private act is involved.
Option C
Ordinary fashion photographs do not establish obscenity on these facts. Reading posts also does not establish publication, circulation or another prohibited dealing under Section 294.
Option D
Reading public posts and following the public account, on the stated facts, do not establish stalking, voyeurism or an obscenity offence.
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