⚖️ Karnataka High Court: Abusive Text Messages Alone Do Not Constitute Stalking Under IPC

In a significant clarification on the scope of the offence of stalking under Indian law, the Karnataka High Court has held that merely sending profane or abusive text messages does not amount to stalking under Section 354D of the Indian Penal Code (IPC).

The ruling came in the case of Abhishek Mishra v. State of Karnataka & Anr., where Justice M. Nagaprasanna quashed proceedings under Section 354D IPC against a man accused of stalking and blackmail.

🧾 Background: Relationship, Allegations & Legal Battle

The complainant, a woman, alleged that she met Abhishek Mishra during UPSC coaching in Delhi, where they developed a relationship. She accused Mishra of:

Promising marriage and then backing out,
Recording private videos without consent,
Threatening to release the videos on social media,
Sending abusive messages, which she claimed amounted to stalking and harassment.

She lodged an FIR invoking multiple provisions of:

The IPC (including Section 354D – stalking, Section 506 – criminal intimidation, and Section 354C – voyeurism),
The IT Act, 2000, and
The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

🧑‍⚖️ Court's Observation: Texts with Profanity ≠ Stalking

Justice Nagaprasanna, however, clarified that:

“Mere sending messages between the two or exchange of messages which contained profanity would not amount to stalking... Therefore, the offence of stalking is loosely laid against the petitioner.”

He added that Section 354D IPC, which criminalizes stalking, requires a pattern of following or monitoring a woman’s activities, and cannot be invoked solely on the basis of abusive communication during a relationship.

⚖️ Partial Relief: Quash of Stalking Charge, Trial to Continue on Other Counts

The Court partly allowed Mishra's petition, quashing the charge under Section 354D. However, it refused to interfere with the other charges, holding that they raised seriously disputed questions of fact that needed adjudication at trial.

"Except the offence of stalking, the case revolves around seriously disputed questions of fact... Further trial qua the said offence [stalking] would become an abuse of the process of law,” the Court held.

As such, the following charges will proceed to trial:

Voyeurism under Section 354C IPC,
Criminal intimidation under Section 506 IPC,
Relevant provisions of the IT Act, and
Charges under the SC/ST (Prevention of Atrocities) Act.

📝 Legal Significance

This judgment provides important guidance on:

The narrow scope of Section 354D IPC, which cannot be extended to include all forms of abusive communication between parties with a personal history.
The need for courts to differentiate between actual stalking and relationship breakdowns with bitter exchanges.
A reminder that serious allegations such as blackmail or criminal intimidation must be thoroughly examined through trial, not quashed prematurely.

📌 Conclusion

In Abhishek Mishra v. State of Karnataka, the Karnataka High Court struck a careful balance between protecting individuals from genuine harassment and preventing misuse of stalking provisions for exaggerated or vague allegations.

While the charge of stalking was dismissed as unfounded, the Court firmly allowed the trial to proceed on serious allegations of privacy violation, blackmail, and caste-based atrocity, ensuring no obstruction to justice where facts remain in dispute.

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