Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 880038616
Stalking under the Bharatiya Nyaya Sanhita (BNS) is defined in Section 78, which specifically addresses offenses against women. The law provides a comprehensive definition that covers both physical and digital forms of stalking behavior.
Definition of Stalking
Under Section 78 of BNS, stalking occurs when any man:
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
Monitors the use by a woman of the internet, e-mail or any other form of electronic communication
The law recognizes that stalking is not limited to physical presence but extends to cyberstalking and digital surveillance. This includes unauthorized monitoring of online activities, hacking into social media accounts, or using GPS tracking apps.
Key Elements Required
For conduct to constitute stalking under Section 78 BNS, several elements must be present:
Repetitive behavior - The actions must be repeated, not just a one-time occurrence
Clear indication of disinterest - The woman must have clearly communicated her lack of interest
Lack of consent - The behavior continues despite the woman's objection
Exceptions to Stalking
Section 78 BNS provides three specific exceptions where such conduct would not amount to stalking:
Crime prevention or detection - When pursued by someone entrusted with crime prevention responsibilities by the State
Legal compliance - When pursued under any law or to comply with legal requirements
Reasonable and justified conduct - When the particular circumstances make the conduct reasonable and justified
Punishment
The punishment for stalking under Section 78 BNS varies based on the number of convictions:
First conviction: Imprisonment up to 3 years and fine
Second or subsequent conviction: Imprisonment up to 5 years and fine
Legal Classification
Under the procedural law, stalking is classified as:
Cognizable (police can arrest without warrant)
Bailable for first offense
Non-bailable for repeat offenses
Triable by any Magistrate
Section 78 BNS aims to protect individuals, particularly women, from persistent and unwanted attention that can be mentally and emotionally disturbing, whether in person or through digital means
