My neighbour stares at me and my sister: What should I do?

Shivendra Pratap Singh


High Court Lucknow

Criminal Law

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Advised on 7 Oct, 2021

My neighbour built the house recently. His balcony covers half of the road and standing on the balcony he stares at me and my sister. Most of the time we stay inside home, if we go out to buy vegetables, he comes and keeps on staring. He throws cigarette pieces at my home. Difficult to live in my own house. How to deal with this issue? Old granny at home and I don’t have anyone to support. Since I’m a girl I should not raise my voice.

Question from: Uttar Pradesh

You should file a complaint before the women helpline 1090. There are several laws which give protection to the women against any kind of physical or sexual harassment. Your neighbour is committing an offence which is punishable under Section 354-D of the Indian Penal Code. Stalking is an offence under Section 354-D of the Indian Penal Code.

When you file a complaint before through the women’s helpline, the said complaint will be sent to the concerned magistrate. The magistrate will take bond from your neighbour under Section 107 of the code of criminal procedure.  

You can also file a complaint directly in the court of judicial magistrate under section 200 of the code of criminal procedure.  The Matisgrate has the power under section 204 CrPC to issue either summon or warrant to your neighbour. Your statement is sufficient for lodging such a complaint. 

If possible, you should take a video recording of his activities. However, such a recording is not mandatory. But it may empower the court to immediately take cognizance and issue a warrant against him.