Section 78 BNS: Stalking – Complete Detailed Guide

Introduction

Section 78 of the Bharatiya Nyaya Sanhita (BNS), 2023 deals with the offence of stalking, which has become a major concern in modern society. With the rise of social media, smartphones, and digital communication, stalking is no longer limited to physically following someone—it now includes online monitoring and harassment as well.

Stalking is a serious invasion of a woman’s privacy, freedom, and mental peace. It can create fear, anxiety, and emotional distress, and in some cases, may lead to more serious crimes. Recognizing the seriousness of such behaviour, the law provides clear definitions and punishments to prevent it.

Exact 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:

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.

Meaning of Stalking

In simple words, stalking means:

Repeatedly following a woman, or
Trying to contact her again and again, despite her refusal, or
Monitoring her online activities without permission

👉 The key idea is unwanted and repeated behaviour.

Objective of Section 78

The main objectives of this section are:

Protect women from harassment and fear
Ensure freedom of movement and privacy
Prevent escalation into serious crimes
Address both physical and online stalking

Types of Stalking Covered

Physical Stalking

This includes:

Following a woman repeatedly
Waiting near her home, workplace, or college
Trying to approach her despite refusal

Online Stalking (Cyber Stalking)

This includes:

Monitoring social media accounts
Tracking emails or messages
Sending repeated unwanted messages
Checking online activity without consent

👉 This is very common in today’s digital age.

Essential Ingredients of the Offence

To prove stalking under Section 78, the following elements must be present:

Repeated Conduct

The act must be repeated, not just a one-time incident.

Clear Disinterest by Woman

The woman must have clearly shown:

Lack of interest
Refusal to communicate

Intent to Contact or Monitor

The accused must:

Attempt to interact, or
Monitor her activities

Lack of Consent

The behaviour must be unwanted and without permission.

Importance of “Clear Indication of Disinterest”

This is a very important element.

If a woman clearly refuses interaction
And the man continues to follow or contact her

👉 It becomes stalking.

This ensures that:

Women’s choices are respected
Consent is given importance

Exceptions under Section 78

The law provides certain exceptions where such conduct is not considered stalking:

Prevention or Detection of Crime

If a person is:

Authorized by the State
Investigating a crime

👉 It is not stalking.

Legal Duty

If the act is done under:

Any law
Legal requirement

👉 It is allowed.

Reasonable and Justified Conduct

If the conduct is:

Reasonable in circumstances
👉 It may not be an offence.

Punishment under Section 78

First Conviction

Imprisonment up to 3 years
Fine

Second or Subsequent Conviction

Imprisonment up to 5 years
Fine

👉 Repeat offenders face stricter punishment.

Examples for Better Understanding

A man repeatedly follows a woman after she has refused to talk to him.

Someone keeps calling and messaging a woman despite her blocking him.

A person tracks a woman’s social media activity and sends unwanted messages.

A man waits outside a woman’s office daily despite her refusal.

👉 All these are examples of stalking.

Difference from Other Offences

Section 78 vs Section 75

Section 75 → Sexual harassment
Section 78 → Repeated unwanted following/contact

Section 78 vs Section 77

Section 77 → Voyeurism (watching/recording)
Section 78 → Following or monitoring

Importance of Section 78

Protects Freedom

Women can move freely without fear.

Addresses Digital Crimes

Includes online stalking.

Prevents Escalation

Stops behaviour before it becomes more serious.

Psychological Impact of Stalking

Stalking can cause:

Fear and anxiety
Stress and depression
Loss of freedom

👉 Law recognizes emotional harm as serious.

Challenges in Implementation

Proving Repetition

It may be difficult to prove repeated behaviour.

Digital Evidence

Online stalking requires technical proof.

Social Stigma

Victims may hesitate to report.

Role of Technology

Technology plays a dual role:

Enables stalking
Helps in evidence collection (messages, logs)

Role of Society

Respect personal boundaries
Avoid harassment
Support victims

Awareness is essential.

Key Takeaways

Section 78 defines stalking clearly
Covers both physical and online acts
Requires repeated behaviour
Consent and refusal are key factors
Punishment increases for repeat offences

Conclusion

Section 78 of the Bharatiya Nyaya Sanhita is a crucial provision that protects women from unwanted attention, harassment, and invasion of privacy. It recognizes that repeated unwanted contact or monitoring can seriously affect a woman’s freedom and mental well-being.

In simple terms:

If a woman says “no,” continuing to follow or contact her becomes a crime.

This law ensures that women can live safely, freely, and with dignity in both physical and digital spaces.

Section 78 of BNS