It started with a few chance encounters. A woman noticed a man waiting near her office gate every evening. At first, she thought it was coincidence. But soon, she realized that no matter which route she took home, he was there — sometimes walking behind her, sometimes pretending to make a call nearby. Then came the social media messages, anonymous friend requests, and late-night calls from unknown numbers. What began as silent observation turned into an invisible cage of fear.
She stopped going out alone. She deleted her social media accounts. She lived with anxiety, glancing over her shoulder at every turn. What she faced was not just inconvenience — it was stalking, a serious violation of her privacy, safety, and dignity.
This story is not rare. Across India, countless women silently endure similar experiences — being followed, monitored, or harassed, both offline and online. To protect women from such intrusive behavior, Section 78 of the Bharatiya Nyaya Sanhita (BNS) lays down clear legal consequences for stalking.
Understanding Section 78 of the Bharatiya Nyaya Sanhita (BNS): The Law on Stalking
Section 78 BNS criminalizes stalking, which means repeatedly following a woman, contacting her despite her disinterest, or monitoring her online activities without her consent. The law recognizes that stalking is not mere persistence — it is psychological harassment that can lead to deep emotional distress, loss of freedom, and even physical harm.
Text of Section 78 BNS
(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, e-mail, or any other form of electronic communication, commits the offence of stalking.
However, there are certain exceptions. The conduct does not amount to stalking if:
- (i) it was done for the purpose of preventing or detecting crime, and the man was legally authorized for such duty;
- (ii) it was done under any law or to comply with a lawful condition; or
- (iii) it was reasonable and justified under specific circumstances.
(2) The punishment for stalking is:
- On first conviction: Imprisonment up to three years, and also liable to fine.
- On second or subsequent conviction: Imprisonment up to five years, and also liable to fine.
The Essence of the Law: A Woman’s Right to Privacy and Dignity
Section 78 BNS is built upon the constitutional right of a woman to privacy, dignity, and freedom of movement. The act of stalking, whether physical or digital, directly violates these fundamental rights.
It recognizes that repeated unwanted contact or surveillance, even without physical violence, can create fear, mental trauma, and emotional suffering equivalent to physical harm. The law thus provides a deterrent mechanism to protect women from psychological intimidation.
This section aims to:
- Prevent harassment before it escalates into assault or violence.
- Recognize online stalking (cyberstalking) as equally punishable.
- Encourage women to come forward and report stalking without fear.
Types of Stalking Covered Under Section 78 BNS
- Physical Stalking:
This includes following a woman in public places, waiting near her house, office, or college, and repeatedly trying to interact despite her clear disinterest. - Online or Cyberstalking:
Monitoring her internet use, tracking her online presence, hacking her accounts, or sending repeated messages and threats through social media. - Indirect or Proxy Stalking:
When someone uses intermediaries or technology to keep track of a woman’s movements or interactions — such as installing spyware on her phone or using fake accounts. - Emotional and Psychological Stalking:
Continual manipulation, blackmail, or threats disguised as love or concern, often after a breakup or rejection.
Why the Law Was Needed
Before the introduction of the Criminal Law (Amendment) Act, 2013, stalking was not a specific offence under Indian law. After the Nirbhaya case, widespread discussions about women’s safety led to inclusion of provisions to address crimes like sexual harassment, voyeurism, and stalking.
The Bharatiya Nyaya Sanhita (BNS) continues this legal protection under Section 78, carrying forward the spirit of Section 354D of the Indian Penal Code (IPC), but in a more structured and updated manner.
How to Identify Stalking: Key Indicators
If a woman experiences any of the following, she may be a victim of stalking:
- Someone consistently follows her despite being told not to.
- Receives constant calls, texts, or messages after showing disinterest.
- Finds her photos, videos, or private content being monitored or shared.
- Notices someone tracking her location or movements.
- Faces online harassment through fake profiles or persistent friend requests.
Recognizing these signs early and taking action can prevent the situation from escalating.
What a Woman Can Do if She Is Being Stalked
- Collect Evidence:
Save screenshots, call logs, messages, CCTV footage, or any proof showing repeated contact or harassment. Evidence is crucial to establish the offence. - Inform Trusted People:
Share the situation with friends, family, or colleagues. Witnesses can strengthen a complaint later. - File a Police Complaint:
Report the matter to the nearest police station or online cybercrime portal. The complaint can be filed under Section 78 BNS and related provisions of the Information Technology Act, 2000 if cyberstalking is involved. - Seek Protection Orders:
Victims can seek restraining orders under laws like the Protection of Women from Domestic Violence Act, 2005 if the stalker is a known person or ex-partner. - Consult a Lawyer:
Legal assistance ensures proper documentation and representation. A lawyer can also help if the police delay registering an FIR.
Punishment and Legal Consequences
The punishment under Section 78 BNS is designed to serve as both deterrent and corrective.
- First Offence: Up to 3 years’ imprisonment and fine.
- Second or Repeated Offence: Up to 5 years’ imprisonment and fine.
Courts take a stricter view if the stalker uses technology, creates fake profiles, or spreads private images. Such conduct can also attract charges under the Information Technology Act, 2000, particularly Section 66E (violation of privacy) and Section 67 (publishing obscene material online).
Judicial View on Stalking in India
Indian courts have increasingly recognized stalking as a grave threat to women’s safety.
In Kushboo v. Kanniammal (2010), the Supreme Court emphasized that personal freedom cannot justify acts that infringe upon another person’s dignity.
In Shreya Singhal v. Union of India (2015), the Court discussed the dangers of online harassment and the need for balance between free speech and protection of individual privacy.
In State v. Amit Kumar (2019), the Delhi High Court upheld conviction for stalking, noting that repeated attempts to contact a woman despite her refusal amount to harassment, not affection.
These cases reinforce that stalking, in any form, is unacceptable and punishable.
Difference Between Stalking and Harassment
While both involve unwanted behavior, stalking is characterized by repetition and persistence. Harassment can be a single incident, but stalking involves ongoing pursuit, monitoring, or following a person.
For example:
- Sending one offensive message may amount to harassment.
- Sending dozens of messages daily after rejection constitutes stalking.
Section 78 BNS specifically targets this pattern of behavior — the deliberate, repeated violation of a woman’s personal space.
Digital Stalking: The Modern Threat
In today’s digital age, stalking has evolved from physical following to cyberstalking. It includes:
- Tracking online activity through social media.
- Hacking email or social accounts.
- Using GPS or apps to monitor movements.
- Posting false or intimate information online.
The anonymity of the internet often emboldens offenders. The law now treats digital stalking as seriously as physical stalking, ensuring accountability in cyberspace as well.
Preventive Measures for Women
- Strengthen privacy settings on social media.
- Avoid sharing personal details like location or daily routines online.
- Report fake profiles immediately.
- Keep records of all interactions that seem threatening.
- Approach the police at the first sign of persistent unwanted contact.
Responsibilities of Law Enforcement
Police officers are legally bound to act promptly on stalking complaints. Delay in action not only undermines justice but also endangers the victim. The BNS framework and criminal procedure reforms under BNSS stress faster investigation, digital evidence handling, and victim protection mechanisms.
Conclusion
Section 78 of the Bharatiya Nyaya Sanhita is a powerful safeguard for women against a crime that often goes unnoticed — stalking. It recognizes that no one should have to live in fear of being watched, followed, or monitored, whether in real life or online.
The law ensures that a woman’s “No” means No — not just in physical interactions but also in digital communication and personal space.
In a society where safety and dignity are fundamental rights, Section 78 BNS stands as a reminder that freedom includes the right to live without fear, without surveillance, and without unwanted pursuit.
In one line: Section 78 of the Bharatiya Nyaya Sanhita makes stalking — physical or online — a criminal offence, punishable with imprisonment and fine, ensuring every woman’s right to privacy and dignity is protected.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304