(1) Whoever molests, or abets the
molestation of, a borrower for the recovery of a debt due by him to a money lender or accredited loan provider or his assignee, as the case may be, shall, on
conviction, be punished with imprisonment which may extend to two years or
with fine which may extend to one lakh rupees or with both.
Explanation :––For the purposes of this section, a person who, with intent to cause another person to abstain from doing any act which he has a right to do or to do any act which he has a right to abstain from doing,––
(a) obstructs or uses violence to or intimidates such other persons ; or
(b) persistently follows such other person from place to place or interferes with any property owned or used by him or deprives him of, or hinder him in, the use of any such property ; or
(c) loiters at or near a house or other place where such other person resides or works, or carries on business, or happens to be ; or
(d) does any act calculated to annoy or intimidate such other person or the member of his family ; or
(e) moves or acts in a manner which causes or is calculated to cause alarm or danger to the person or property of such other person,
shall be deemed to molest such other person :
Provided that a person who goes to the house or place referred to in clause (c) in order merely to obtain or communicate information shall not be deemed to molest.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, Samvat 1989, offence punishable under sub-section (1) shall be cognizable.
Explanation :––For the purposes of this section, a person who, with intent to cause another person to abstain from doing any act which he has a right to do or to do any act which he has a right to abstain from doing,––
(a) obstructs or uses violence to or intimidates such other persons ; or
(b) persistently follows such other person from place to place or interferes with any property owned or used by him or deprives him of, or hinder him in, the use of any such property ; or
(c) loiters at or near a house or other place where such other person resides or works, or carries on business, or happens to be ; or
(d) does any act calculated to annoy or intimidate such other person or the member of his family ; or
(e) moves or acts in a manner which causes or is calculated to cause alarm or danger to the person or property of such other person,
shall be deemed to molest such other person :
Provided that a person who goes to the house or place referred to in clause (c) in order merely to obtain or communicate information shall not be deemed to molest.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, Samvat 1989, offence punishable under sub-section (1) shall be cognizable.