Legal Advice

My sister is being mental harassed by her ex-boyfriend 

Query

My sister was in a relationship for 7 yrs and after that she decided to part ways with boyfriend due to some issues. My sister is being mental harassed by her ex-boyfriend. She was informed this in 2020 and after that asked him not to contact him. He visited my sister along with his sister and spoke to her for 5 hrs and my sister explained that she can’t be with him.  After that he has been sending messages to her again and again that he wants to meet and talk, which my sister hasn’t answered and those messages. There were messages from his family also. In these 3 yrs we have tried to tell the boy and his parents  to ask the boy not to call  or message her. After telling repeatedly and blocking him from calling or any social platform he has been messaging from different nos.  Also mailing from different mail ids. This has been affecting my sister's mental health and she  has been under stress as this boy doesn't stop messaging or mailing her and always tries to be in touch or try and talk to her. And try and do emotional blackmail. We  have tried to tell him that if he wants closure then he can speak in front of relatives but he insists he wants to meet her alone and talk.   Recently due to this she has been having health issues. After 3 yrs now it’s getting unbearable and we want to take legal action. Can we do it? We have kept all screen shots and some mail screenshots as proof.

Advice

You should immediately record a First Information Report (FIR) against her ex-boyfriend for the offence of stalking. Stalking is an offence under Section 354D of the Indian Penal Code. Your sister’s ex-boyfriend follows and attempts to contact her after repeated refusal and warnings.

You should also take legal action against him under the provisions of information technology act 2008 for messaging and mailing. If he has used any obscene or seductive materials then he has committed the offence punishable under Section 509 IPC and Section 66 of the Information Technology Act 2008.

The screenshots and copies of emails are relevant evidence to prove his crime. Take immediate action by lodging an FIR against him. 

Shivendra Pratap Singh

Advocate

High Court Lucknow

Criminal Law

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