Section 78 BNS 2023 addresses the offence of stalking. It defines stalking as acts such as repeatedly following someone, contacting them against their will, or engaging in behavior that causes a reasonable fear of harm or distress. Section 78 of BNS aims to protect individuals, particularly women, from persistent and unwanted attention that can be mentally and emotionally disturbing.

Section 78 BNS directs the punishment for stalking by differentiating between a first-time offender and a repeated offender. A first-time conviction can lead to imprisonment for up to 3 years plus a fine, while a subsequent conviction attracts imprisonment for up to 5 years and a fine which emphasizes the gravity of committing the offence more than once. Section 78 BNS also provides for certain exceptions, such as when the conduct is carried out under a legal obligation. Explore other important Judiciary Notes.

Section 78 BNS: Stalking

1. Any man who, 
2. 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
3. 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
4. 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.

Note: “The information provided on Section 78 BNS above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.” 

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Section 78 BNS 2023, deals with the offence of stalking, which is when someone repeatedly follows or contacts another person, especially a woman, against her will, causing her fear, anxiety, or discomfort. It recognizes and keeps a check on unwarranted attention, whether in person or virtually. Section 78 of BNS makes room for exceptions where the actions might have a valid reason, like when someone is following another person under a legal duty or court order. Section 78 BNS is essentially about drawing a clear line between normal social interaction and behaviour that invades someone’s privacy and peace of mind.

Section 78 BNS Essential Ingredients

Section 78 BNS lays down the legal framework for the offence of stalking. Below are the essential elements that constitute an offence under Section 78 Bharatiya Nyaya Sanhita 2023:

1. Repeated Following in Person

The first and most direct form of stalking under section 78 BNS, is physically following a woman, again and again, even after she has made it clear she does not want the contact. This could happen on the street, near her home, at her workplace, or any public space. The key element is repetition and lack of consent, a one-time chance encounter does not count as an offence under section 78 of BNS.

2. Persistent, Unwanted Communication

Under Section 78 BNS, stalking is not limited to physical presence. Repeatedly calling, texting, messaging on social media, or sending emails despite clear disinterest also qualifies. Today, most stalking begins or continues digitally, and Section 78 BNS adapts to that by including cyberstalking within its scope.

3. Monitoring or Spying

Section 78 BNS recognises unwarranted surveillance, watching or keeping track of a woman’s activities, whether in real or virtually. This includes following her online, hacking into her social media accounts, using GPS tracking apps etc.

4. Without Her Consent

Consent is a crucial marker in defining stalking under Section 78 BNS. If a woman does not welcome the attention, and if the person continues the behaviour knowing this, it becomes an offence. A woman’s silence or discomfort is not enough, clear communication of disinterest is enough to signal that the conduct must stop. Continuing after that point makes the act an offence under section 78 of BNS.

5. Clear Intention or Knowledge (Mens Rea)

The person committing the offence under Section 78 BNS must either intend to cause fear, discomfort, or harassment, or be fully aware that their conduct is unwelcome. Innocent interactions, accidental encounters, or socially normal behaviour like friendly conversations do not amount to stalking, unless they are forceful, repeated, and unwanted.

6. Exceptions to the Rule

Section 78 BNS also includes exceptions to ensure fairness and prevent misuse. If someone is following a woman as part of their lawful duty, such as a police investigation, or if the conduct is reasonable and justifiable (like gathering evidence for a legal case), it will not be considered stalking. 

Section 78 BNS is essentially a modernized version of Section 354(D) of Indian Penal Code, retaining the core legal principles. The punishments and exceptions remain identical.

Section 78 BNS Judicial Interpretation

Judicial interpretation of Section 78 BNS by Indian courts has been crucial in determining the ambit and scope of essential elements of section 78 of BNS, mentioned hereinafter are some of the landmark judgments :

• Manik Taneja v. State of Karnataka, (2015)

The Supreme Court acknowledged that online behaviour, including repeated digital messaging or surveillance, may fall within the scope of Section 354D IPC now section 78 BNS, if it causes alarm or is done with intent to harass. The ruling clarified that cyberstalking is a form of stalking and can attract criminal liability if it crosses the line into persistent, unwanted conduct.

• Shraddha v. State of Maharashtra, (2021)

The Bombay High Court ruled that physical proximity is not essential for stalking under section 78 BNS. The offence can be committed entirely through electronic means, such as social media messaging, tagging, emailing, or tracking online behavior. The court upheld charges under Section 354D now Section 78 BNS, where the accused was harassing the woman through WhatsApp and Facebook despite her repeated objections.

• Pawan Kumar v. State of Himachal Pradesh, (2017)

While affirming a conviction for stalking, the Supreme Court also stressed the need for careful judicial scrutiny to avoid misuse of the law. Allegations must be supported by credible evidence, especially where the intent behind repeated contact is unclear. Courts must balance protection of victims with safeguards against wrongful prosecution.

Conclusion

Section 78 BNS 2023, is a progressive legal provision aimed at protecting individuals, especially women, from persistent, unwanted attention that invades their personal space, safety etc . By covering both physical and digital stalking under section 78 of BNS, the law adapts to modern threats and ensures that repeated harassment, even without physical harm, is treated as a punishable offence.