IPC 354D→BNS 78

IPC 354D to BNS 78: Stalking

Section 354D IPC (1860) replaced by Section 78 BNS (2023)

View IPC Section 354D →View BNS Section 78 →

IPC 354D to BNS 78 at a Glance

Section 354D IPC (Stalking) is now Section 78 BNS, in force from 1 July 2024. Under the BNS it is cognizable. What changed is set out below.

What Changed From IPC 354D to BNS 78?

Section 354D IPC is succeeded by Section 78 BNS. The statutory definitions, the two limbs of physical and electronic stalking, the three defense provisos, and the two-tier penalties of imprisonment up to three years on first conviction and up to five years on repeat conviction with liability to fine remain identical in substance. The provision retains the requirement that the offender be a man and the victim be a woman, with orthographic hyphenation of e-mail in clause ii.

IPC 354D vs BNS 78: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section354D78
OffenceStalkingSame
PunishmentOn first conviction, imprisonment of either description for a term which may extend to three years. On a second or subsequent conviction, imprisonment of either description for a term which may extend to five years.Imprisonment of either description for a term which may extend to three years on first conviction, and for a term which may extend to five years on a second or subsequent conviction under Section 78(2) BNS.
FineThe offender shall also be liable to fine on every conviction.The offender shall also be liable to fine in addition to imprisonment on both first and subsequent convictions under Section 78(2) BNS.
BailNon-BailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByAny MagistrateSame

IPC 354D and BNS 78: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 354D, IPC 1860

354D. Stalking.—(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, email 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.
BNS 2023 (in force)

Section 78, BNS 2023

(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.

Ingredients: IPC 354D vs BNS 78

Under IPC 354D
  1. The accused is a man and the victim is a woman
  2. The accused followed and contacted, or attempted to contact, the woman to foster personal interaction repeatedly despite her clear indication of disinterest, or monitored her use of the internet, email, or any other electronic communication
  3. The three provisos, for crime prevention under State entrustment, conduct under any law, and reasonable and justified conduct, apply only where the accused proves them
Under BNS 78
  1. Any man following a woman and contacting or attempting to contact her to foster personal interaction despite a clear indication of disinterest
  2. Monitoring by a man of the use by a woman of the internet, email or any other form of electronic communication
  3. The three statutory exceptions where the conduct is proven to be for crime detection, under law, or reasonable and justified

What IPC 354D to BNS 78 Means for Pending Cases

For Section 354D IPC (now Section 78 BNS): under Section 78 BNS, the elements, the three provisos and both punishment tiers are unchanged, and the offender is still a man. A charge for an act done after the BNS came into force cites Section 78 BNS.

FAQs: IPC 354D to BNS 78

What changed between Section 354D IPC and Section 78 BNS?▼

The substantive offence, statutory elements, three defense exceptions, and two-tier penalties remain identical. Section 78 BNS continues to require that the accused be a man and the victim a woman.

Where is Section 354D IPC located in the Bharatiya Nyaya Sanhita?▼

Section 354D IPC is codified as Section 78 BNS, in Chapter V, Of Offences Against Woman and Child, under the sub-heading Of criminal force and assault against woman.

Does Section 354D IPC or Section 78 BNS apply to an act done before 1 July 2024?▼

Section 354D IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 354D IPC. Section 78 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·