CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD · Of criminal force and assault against woman

Section 78: Stalking

The Bharatiya Nyaya Sanhita, 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.

Corresponding IPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

78	354D. Stalking

Questions on this section

4 questions in 15 of our papers cite Section 78. Try these from the free papers:

1. Under Section 78(2) of the BNS, a person convicted of stalking for the second time is punishable with imprisonment of either description which may extend to
2. Consider the following statements: 1. Section 48 of the BSA, which makes evidence of the character or previous sexual experience of the victim irrelevant on the issue of consent, applies to prosecutions under Sections 64 to 71 and also Sections 74 to 78 of the Bharatiya Nyaya Sanhita, 2023. 2. The proviso to Section 149 of the BSA, which bars questions in the cross-examination of the victim as to general immoral character or previous sexual experience, applies to prosecutions under Sections 64 to 71 of the Bharatiya Nyaya Sanhita, 2023. 3. Each of these provisions also applies to a prosecution for an attempt to commit any of the offences it lists. Which of the statements given above are correct?
3. A, a police officer entrusted by the State with the prevention and detection of crime, repeatedly follows Z, a woman suspected of running a financial fraud, and monitors her e-mail while he investigates a registered case against her. Z clearly indicates that she does not want to be followed. Which statement is correct under Section 78 of the BNS?

Practise questions on Bharatiya Nyaya Sanhita