Section 78 BNS: Stalking
Bharatiya Nyaya Sanhita, 2023
Section 78 BNS at a Glance
Section 78 BNS deals with stalking. It is cognizable; it replaced Section 354D IPC on 1 July 2024.
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.
Section 78 BNS Bare Act 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.
Source: Section 78, Bharatiya Nyaya Sanhita, 2023
Section 78 BNS in the IPC (Previous Law)
Section 78 BNS replaced Section 354D IPC from 1 July 2024.
Each sub-section below names its own source.
FAQs on Section 78 BNS
Under Section 78 BNS, does one message or one call count as stalking?▼
Usually, no. For physical following and contact, Section 78(1)(i) BNS focuses on repeated conduct to foster personal interaction despite a clear indication of disinterest, not a one-off message or call.
Under Section 78 BNS, can online behaviour also amount to stalking?▼
Yes. Under Section 78(1)(ii) BNS, monitoring the use by a woman of the internet, e-mail, or any other form of electronic communication amounts to stalking.
What is the punishment for first and repeat convictions under Section 78 BNS?▼
Under Section 78(2) BNS, a first conviction for stalking carries imprisonment of either description for a term up to three years and liability to a fine. A second or subsequent conviction carries imprisonment of either description for a term up to five years and liability to a fine.
Under Section 78 BNS, what if the accused says it was only friendship or normal contact?▼
That defence may not help if the woman had clearly shown that the contact was unwanted and the conduct continued. The court will examine the pattern, context, and whether the behaviour crossed the legal line.
What does Section 78(2) of the Bharatiya Nyaya Sanhita cover?▼
Section 78(2) BNS sets out the punishment for anyone who commits the offence of stalking as defined in Section 78(1) BNS. It provides a two-tier punishment depending on whether it is a first conviction or a second or subsequent conviction.
What is the punishment for a first conviction under Section 78(2) BNS?▼
On a first conviction for stalking, Section 78(2) BNS prescribes imprisonment of either description for a term which may extend to three years, and the offender is also liable to fine.
What is the punishment for a repeat conviction under Section 78(2) BNS?▼
On a second or subsequent conviction for stalking, Section 78(2) BNS increases the punishment to imprisonment of either description for a term which may extend to five years, along with liability to fine.
When does the punishment in Section 78(2) BNS apply?▼
Before punishment under Section 78(2) BNS can be imposed, it must be proved that a man committed stalking under Section 78(1) BNS by repeatedly following and contacting a woman despite clear disinterest or by monitoring her internet, e-mail, or electronic communication, and that none of the three statutory exceptions in the proviso apply.
Section 78 BNS: Sub-sections Explained
Section 78(1) BNS: Stalking
▶
Bare Act 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.
Explained in Simple Words
Section 78 of the Bharatiya Nyaya Sanhita (BNS) deals with stalking. It covers repeated following and contacting, or attempting to contact, a woman to foster personal interaction despite a clear indication of disinterest, as well as monitoring a woman's use of the internet, e-mail, or any other form of electronic communication. The law is meant to protect women from persistent harassment, whether online or offline, and to draw a line between ordinary communication and conduct that becomes intrusive.
This section applies where a man follows a woman and repeatedly tries to contact her despite clear refusal, or watches her use of the internet, e-mail, or any other electronic communication. It also sets out three exceptions where the accused man proves that the conduct was pursued for crime prevention or detection under State entrustment, pursued under law, or was reasonable and justified in the particular circumstances. In practice, this provision is used in cases involving repeated calls, messages, online monitoring, or physical following.
Its practical significance is strong because stalking often escalates into more serious harm. A victim can approach the police at an early stage, and the law gives a clear basis to stop such behaviour before it becomes dangerous. It also helps courts distinguish between ordinary contact and a punishable pattern of conduct.
Key Ingredients
- Any man following a woman and contacting or attempting to contact her to foster personal interaction despite a clear indication of disinterest
- Monitoring by a man of the use by a woman of the internet, email or any other form of electronic communication
- The three statutory exceptions where the conduct is proven to be for crime detection, under law, or reasonable and justified
Punishment
🔒 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.
💰 The offender shall also be liable to fine in addition to imprisonment on both first and subsequent convictions under Section 78(2) BNS.
Under Section 78(2) BNS, stalking carries imprisonment of either description extending up to three years and liability to fine on a first conviction, and imprisonment of either description extending up to five years and liability to fine on a second or subsequent conviction.
Real-World Example
When This Does Not Apply
- The accused is not a man, as Section 78 BNS applies specifically to acts committed by a man against a woman
- The conduct did not involve repeated attempts to foster interaction following a clear indication of disinterest, or monitoring of electronic communication
- The accused proves that the conduct was pursued to prevent or detect crime pursuant to State entrustment, pursued under any law, or reasonable and justified in the circumstances
Previous Law
IPC 354D → Section 78(1) BNS
Section 354D IPC is succeeded by Section 78(1) 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.
Section 78(2) BNS: Stalking
▶
Bare Act Text
(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.
Explained in Simple Words
Section 78(2) of the Bharatiya Nyaya Sanhita (BNS) prescribes the punishment for the offence of stalking defined in Section 78(1) BNS. Because stalking under Section 78(1) BNS can be committed only by a man against a woman, this punishment provision applies to any man convicted of stalking. It sets out a two-tier punishment structure depending on whether the conviction is a first conviction or a repeat conviction.
On a first conviction for stalking, the offender shall be punished with imprisonment of either description, meaning simple or rigorous imprisonment, 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.
For Section 78(2) BNS to apply, the prosecution must establish stalking under Section 78(1) BNS, namely repeated following and contact or attempted contact despite a clear indication of disinterest, or monitoring a woman's internet, e-mail or other electronic communication, without any of the three proviso defences being proved.
Key Ingredients
- The accused is a man who committed the offence of stalking against a woman under Section 78(1) BNS
- He followed and contacted or attempted to contact her repeatedly to foster personal interaction despite a clear indication of disinterest, or monitored her use of the internet, e-mail or any other form of electronic communication
- The conduct does not fall within the proviso exceptions in Section 78(1) BNS for crime prevention or detection by a State-entrusted person, compliance with law, or conduct that was reasonable and justified
- The conviction is either a first conviction or a second or subsequent conviction for stalking, which determines the applicable punishment tier under Section 78(2) BNS
Punishment
🔒 Imprisonment of either description for up to three years on first conviction, and imprisonment of either description for up to five years on a second or subsequent conviction.
💰 Fine may be imposed in addition to imprisonment.
Whoever commits stalking is punishable under Section 78(2) BNS with imprisonment of either description for up to three years and liability to fine on a first conviction, and imprisonment of either description for up to five years and liability to fine on a second or subsequent conviction.
Real-World Example
When This Does Not Apply
- A police officer entrusted by the State follows a woman as part of preventing or detecting crime
- A person monitors electronic communication because a law or a legal condition requires it
- In the particular circumstances, the conduct was reasonable and justified
- A single casual attempt to speak to a woman, without repeated following, repeated contact, or monitoring of electronic communication
Previous Law
IPC 354D(2) → Section 78(2) BNS
No material change is made to the punishment provision. Section 354D(2) IPC and Section 78(2) BNS both provide the same punishment for stalking: on first conviction, imprisonment of either description up to three years and liability to fine, and on a second or subsequent conviction, imprisonment of either description up to five years and liability to fine.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·