BNS Section 78 — Stalking

CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD — Of criminal force and assault against woman

Cyber Law

Summary

Sub-section (1) defines the offence of stalking. Under clause (i), any man commits stalking if he follows a woman and contacts, or attempts to contact, her to foster personal interaction repeatedly, even after she has clearly indicated she is not interested. Under clause (ii), any man also commits stalking if he monitors a woman's use of the internet, e-mail, or any other form of electronic communication.

The proviso to sub-section (1) lists situations where such conduct will not amount to stalking, if the man accused proves one of the following: (i) the conduct was for the purpose of preventing or detecting crime, and he had been entrusted with that responsibility by the State; (ii) the conduct was pursued under any law, or to comply with a condition or requirement imposed by any person under any law; or (iii) in the particular circumstances, the conduct was reasonable and justified.

Sub-section (2) sets out the punishment for stalking. On a first conviction, the offender shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. On a second or subsequent conviction, the offender shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

Official Text

(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:

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.

Related Judgments

  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
  • SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
  • SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
  • SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)
  • SC (2025) Vol.7 p.105 — Supreme Court of India (2025)

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