Harassment through unwanted phone calls

and laws protecting victims of such

harassment.
What is harassment?

Harassment refers to a pattern of unwanted behavior, actions, or communication that

is intended to intimidate, annoy, threaten, or create a hostile environment for an
individual or group of people. It can occur in various forms and across different
settings, including the workplace, online spaces, schools, and public places.
Harassment can target individuals based on their race, gender, religion, sexual
orientation, disability, or any other personal characteristics.

Types of harassment

Sexual Harassment: Unwanted sexual advances, comments, or actions that create a

hostile or uncomfortable environment.

Racial Harassment: Discriminatory actions or comments based on a person's race or

ethnicity.

Cyberbullying: Harassment conducted online, which may include cyberstalking,

online threats, or spreading false information.

Workplace Harassment: Any kind of unwelcome behavior in the workplace, such as

bullying, discrimination,offensive jokes, or spreading false rumors can be considered
workplace harassment.

Forms of Harassment

Verbal Harassment: Involves offensive or threatening language, slurs, insults, or

comments.

Physical Harassment: Includes physical contact, gestures, or actions that are

intimidating or invasive.

Psychological Harassment: Involves actions that aim to harm an individual's mental

well-being, such as or constant humiliation.

Visual Harassment: Sharing explicit images or displaying offensive material.

Impact of harassment

Harassment can have severe emotional, psychological, and physical effects on

victims, leading to stress, anxiety, depression, and even physical harm.
It can damage relationships, self-esteem, and one's overall quality of life.
In the workplace, harassment can hinder career advancement, job satisfaction, and
productivity.

Laws helping victims of harassment through unwanted

telephonic calls.

Under the IPC

The section as it is.

354. Assault or criminal force to woman with intent to outrage her modesty.
Whoever assaults or uses criminal force to any woman, intending to outrage or
knowing it to be likely that he will there by outrage her modesty

354A. Sexual harassment and punishment for sexual harassment.

(1) A man committing any of the following acts
(i) physical contact and advances involving unwelcome and explicit sexual overtures;
or
(ii) a demand or request for sexual favours; or
(iii) showing pornography against the will of a woman; or
(iv) making sexually coloured remarks,
shall be guilty of the offence of sexual harassment.
(2) Any man who commits the offence specified in clause (i) or clause (ii) or clause
(iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which
may extend to three years, or with fine, or with both.
(3) Any man who commits the offence specified in clause (iv) of sub-section (1) shall
be punished with imprisonment of either description for a term which may extend to
one year, or with fine, or with both.

Analysis
This section states what can be considered as sexual harassment and what are the
punishments for sexual harassment. As mentioned earlier sexual harassment is a type
of harassment.
Under clause 1 sub clause (ii) a demand for any kind of sexual favour and sub clause
(iv) making sexually coloured remarks example:- describing they way they would
want to physically touch a women etc. Is considered to be sexual harassment this can
not only be done in person but also through phone calls and text messages.

The section as it is
354D. Stalking.
(1) Any man who
(i) follows a woman and contacts, or attempts to contact such woman to foster
personal interaction repeatedly despite a clear indication of disinterest by such
woman; or
(ii) monitors the use by a woman of the internet, email or any other form of electronic
communication, commits the offence of stalking: Provided that such conduct shall not
amount to stalking if the man who pursued it proves that
(i) it was pursued for the purpose of preventing or detecting crime and the man
accused of stalking had been entrusted with the responsibility of prevention and
detection of crime by the State; or
(ii) it was pursued under any law or to comply with any condition or requirement
imposed by any person under any law; or
(iii) in the particular circumstances such conduct was reasonable and justified.
(2) Whoever commits the offence of stalking shall be punished on first conviction
with imprisonment of either description for a term which may extend to three years,
and shall also be liable to fine; and be punished on a second or subsequent conviction,
with imprisonment of either description for a term which may extend to five years,
and shall also be liable to fine

Analysis
This section states that stalking is a criminal offence and any person trying to contact
a woman even after there is clear indication of disinterest is considered to be stalking
the woman. Stalking can be considered as harassment as it is unwanted behavior that
can lead to fear or annoyance to the woman.
The means to contact such woman can be done through unwanted phone calls,text
messages or even in person.

The section as it is
503. Criminal intimidation.
Whoever threatens another with any injury to his person, reputation or property, or to
the person or reputation of any one in whom that person is interested, with intent to
cause alarm to that person, or to cause that person to do any act which he is not
legally bound to do, or to omit to do any act which that person is legally entitled to do,
as the means of avoiding the execution of such threat, commits criminal intimidation.

506. Punishment for criminal intimidation.

Whoever commits the offence of criminal intimidation shall be punished with
imprisonment of either description for a term which may extend to two years, or with
fine, or with both; If threat be to cause death or grievous hurt, etc.—and if the threat
be to cause death or grievous hurt, or to cause the destruction of any property by fire,
or to cause an offence punishable with death or 8 [imprisonment for life], or with
imprisonment for a term which may extend to seven years, or to impute unchastity to
a woman, shall be punished with imprisonment of either description for a term which
may extend to seven years, or with fine, or with both

Analysis
Section 503 basically states that if someone is being threatened to do something
illegal or not do something legal and that they are bound to do that act or threatening
over causing injury to that person,reputation or property or to someone related to that
person over the same will be guilty of criminal intimidation.
Lets say for example person A comes to you and says I will kill you if you do not
resist prosecution for the ongoing civil suit, then in this case person A will be guilty
of criminal intimidation.
Such kind of threats can be made over messages, calls or in person.

The section as it is
507. Criminal intimidation by an anonymous communication.
Whoever commits the offence of criminal intimidation by an anonymous
communication, or having taken precaution to conceal the name or abode of the
person from whom the threat comes, shall be punished with imprisonment of either
description for a term which may extend to two years, in addition to the punishment
provided for the offence by the last preceding section

Analysis

Anonymous Communication: This offense involves using a communication method

that conceals the identity of the person making the threat. This can include sending
messages, phone calls or making threats without revealing one's name or location.

Precaution to Conceal Identity: In addition to anonymous communication, the law

also considers actions taken to hide one's identity when making the threat, such as
using pseudonyms or fake addresses.

Punishment: The lines specify the potential punishment for committing this offense.
Those found guilty of criminal intimidation by means of anonymous communication,
or by taking steps to hide their identity, may face imprisonment. The duration of the
imprisonment can extend up to a term of two years or simply fine or both, but if the
treat is to cause any kind of grievous hurt or death as per section 506 the term of
imprisonment may extend to seven years or fine or both.