BNS Section 78 (Old IPC 354D): Stalking – Punishment, Bail & Procedure

Introduction

BNS Section 78 deals with the offence of stalking under the Bharatiya Nyaya Sanhita, 2023. The provision aims to protect women from repeated unwanted attention, harassment, monitoring, or attempts at personal interaction despite a clear indication of disinterest.

The section corresponds to the former IPC Section 354D and recognizes both physical stalking and cyberstalking as criminal offences. With increasing use of digital platforms, the law provides protection against repeated surveillance through electronic communications and online activities.

In this article, you will learn what BNS Section 78 covers, its punishment, bail provisions, court jurisdiction, legal procedure, statutory exceptions, and how it compares with the old IPC Section 354D.

What is BNS Section 78?

BNS Section 78 makes it an offence for a man to repeatedly follow a woman and contact or attempt to contact her for personal interaction despite a clear indication of disinterest.

The section also covers monitoring a woman's use of the internet, email, social media, or other forms of electronic communication without lawful justification.

The objective of the law is to safeguard a woman's privacy, dignity, and personal liberty from persistent and unwanted conduct.

Bare Act Text

Any man who 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, commits the offence of stalking.

Any man who monitors the use by a woman of the internet, e-mail, or any other form of electronic communication also commits the offence of stalking.

Exceptions

Such conduct shall not amount to stalking if the accused proves that:

Prevention or Detection of Crime

The conduct was pursued for the purpose of preventing or detecting crime and the accused had been entrusted with such responsibility by the State.

Conduct Authorized by Law

The conduct was pursued under any law or to comply with any legal requirement.

Reasonable and Justified Conduct

In the particular circumstances, the conduct was reasonable and justified.

Punishment

Whoever commits the offence of stalking shall be punished on first conviction with imprisonment which may extend to three years and shall also be liable to fine.

On second or subsequent conviction, the punishment may extend to five years and shall also be liable to fine.

In Simple Words

BNS Section 78 punishes a man who repeatedly follows, contacts, harasses, tracks, or monitors a woman despite her clear refusal or lack of interest. The section also applies to cyberstalking through online platforms, emails, social media, or electronic communication.

Essential Ingredients of BNS Section 78

For an offence under BNS Section 78 to be established, the prosecution generally has to prove:

1. The accused is a man.
2. The victim is a woman.
3. The accused repeatedly followed, contacted, or attempted to contact the woman despite clear disinterest.
4. Or the accused monitored the woman's electronic communications or internet usage.
5. The conduct does not fall within any statutory exception.

What Amounts to Stalking?

Examples of conduct that may amount to stalking include:

• Repeatedly following a woman in public places.
• Continuously calling or messaging despite refusal.
• Persistently approaching a woman after rejection.
• Monitoring social media activities.
• Tracking emails or electronic communications.
• Creating multiple online accounts to contact a woman after being blocked.

Whether a particular act amounts to stalking depends upon the facts and circumstances of each case.

Punishment Under BNS Section 78

First Conviction

A person convicted for stalking for the first time may be punished with:

• Imprisonment up to 3 years; and
• Fine.

Second or Subsequent Conviction

A person convicted for stalking on a second or subsequent occasion may be punished with:

• Imprisonment up to 5 years; and
• Fine.

Classification of the Offence

Meaning of the Classification

Since the offence is cognizable, the police may register an FIR and investigate the matter according to law.

For a first conviction, the offence is bailable. However, in cases involving a second or subsequent conviction, the offence becomes non-bailable.

The offence is non-compoundable and cannot ordinarily be settled privately between the parties.

Cases under BNS Section 78 are triable by a Magistrate First Class.

Bail Under BNS Section 78

First Conviction

For a first offence, BNS Section 78 is bailable and the accused may seek release on bail according to law.

Subsequent Conviction

For a second or subsequent conviction, the offence becomes non-bailable and bail may be granted only by the competent court after considering the facts and circumstances of the case.

Which Court Has Jurisdiction?

Offences under BNS Section 78 are triable by a Magistrate First Class.

After investigation and filing of the charge sheet, the case proceeds before the competent Magistrate for trial.

Step-by-Step Legal Process

1. Registration of FIR.
2. Police investigation.
3. Collection of electronic and documentary evidence.
4. Recording of witness statements.
5. Seizure and examination of digital records where necessary.
6. Filing of charge sheet.
7. Framing of charges.
8. Trial before the Magistrate First Class.
9. Examination of witnesses.
10. Defence evidence.
11. Final arguments.
12. Judgment.
13. Sentencing upon conviction.
14. Appeal before the higher court.

IPC Section 354D vs BNS Section 78

BNS Section 78 substantially continues the provisions previously contained in IPC Section 354D. The protection against both physical stalking and cyberstalking remains intact under the new criminal law framework.

Important Case Laws

Kalandi Charan Lenka v. State of Odisha (2017)

The Court recognized that persistent online harassment and misuse of electronic communication can amount to stalking and related offences against women.

State of Punjab v. Major Singh

The courts have consistently emphasized the need to protect the dignity, privacy, and personal liberty of women from unlawful harassment and intimidation.

Defences Available to the Accused

Depending upon the facts of the case, the accused may raise the following defences:

• Conduct undertaken for prevention or detection of crime.
• Conduct authorized by law.
• Reasonable and justified conduct.
• Mistaken identity.
• False implication.
• Lack of evidence.
• Absence of repeated conduct.

The success of any defence depends upon the evidence produced before the court.

Real-Life Illustration

Suppose A repeatedly follows B to her workplace and continuously sends messages despite B clearly stating that she does not wish to communicate with him. If A continues this behaviour, he may be prosecuted for stalking under BNS Section 78.

Similarly, if A secretly monitors B's social media activity, email communications, or online accounts to track her activities without lawful justification, the conduct may amount to cyberstalking under this section.

Conclusion

BNS Section 78 is an important provision protecting women from stalking and cyberstalking under the Bharatiya Nyaya Sanhita, 2023. It criminalizes repeated unwanted contact, following, and electronic monitoring despite clear indications of disinterest. The offence is cognizable and non-compoundable, with stricter consequences for repeat offenders. Understanding BNS Section 78 helps individuals understand the legal consequences, punishment, bail provisions, available defences, and procedural aspects relating to stalking under Indian law.