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Under the central Bharatiya Nyaya Sanhita, 2023, a man monitors a woman's internet, email or other…

Section 78(1)(ii) defines the electronic-monitoring form of stalking. Its proviso covers specified crime-prevention or detection activity, conduct under law, and reasonable…

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Under the central Bharatiya Nyaya Sanhita, 2023, a man monitors a woman's internet, email or other electronic communication use. Assume none of the statutory exceptions applies. Which offence does that conduct constitute?

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Answer and explanation

Correct answer D

Section 78(1)(ii) defines the electronic-monitoring form of stalking. Its proviso covers specified crime-prevention or detection activity, conduct under law, and reasonable and justified conduct. None of these exceptions applies in this scenario.

See also sections 75, 77 and 143 of the Bharatiya Nyaya Sanhita, 2023.

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Option A

The trafficking elements are not established by monitoring alone.

Option B

The specific monitoring limb belongs to stalking, rather than the listed sexual-harassment acts.

Option C

Voyeurism concerns private-act watching, capture or image dissemination, rather than this electronic-monitoring limb.

Option D

Section 78(1)(ii) expressly identifies this monitoring as stalking, subject to its proviso.

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