Code – Section 78 BNS
Section 78 of Bharatiya Nyaya Sanhita (BNS) states:
(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.
Explanation of Section 78 BNS
What is Stalking?
Stalking is the act of repeatedly following, contacting, or monitoring a woman despite her clear disinterest. It includes both physical and online stalking.
Types of Stalking Under Section 78 BNS:
- Physical Stalking – Following a woman in public places, trying to contact her despite rejection.
- Cyberstalking – Monitoring her social media, emails, or other online activities without consent.
When Stalking is NOT a Crime?
The law provides certain exceptions where the act does not qualify as stalking:
- Police officers conducting an investigation.
- Legal obligations, such as court orders.
- If the conduct is reasonable and justified.
Illustrations
Example 1: Repeatedly Following a Woman
A man keeps following a woman to her workplace and home, despite her warnings to stop. This constitutes stalking under Section 78 BNS.
Example 2: Sending Unwanted Messages Online
A man continuously sends messages on social media, even after the woman blocks him multiple times. This is cyberstalking, punishable under Section 78 BNS.
Example 3: Tracking Online Activity Without Consent
If a person installs spyware or hacks into a woman’s email or social media to monitor her activities, it qualifies as cyberstalking.
Common Questions and Answers on Section 78 BNS
1. Is stalking a bailable offense?
- First offense – Bailable
- Second or subsequent offense – Non-bailable
2. Can a woman file an FIR for stalking?
Yes, a woman can file a complaint at the nearest police station, and the police can take immediate action.
3. Is online stalking covered under this section?
Yes, cyberstalking, including monitoring emails, social media, or online activity, is punishable under Section 78 BNS.
4. What should a victim do if she is being stalked?
- File an FIR at the nearest police station.
- Collect evidence (screenshots, messages, CCTV footage).
- Seek legal protection such as a restraining order.
5. Can a false case of stalking be filed?
Yes, but if proven false, the complainant may face legal consequences for misusing the law.
Conclusion
Section 78 BNS is a crucial provision that protects women from unwanted harassment, both offline and online. The law provides strict punishments, ensuring the safety and dignity of women.
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