Stalking
Section 78 of the Bharatiya Nyaya Sanhita, 2023 deals with stalking. 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; The Act came into force on 01 Jul 2024.
(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.
Section 78, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion. This section is classified 2 ways.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Stalking. | Imprisonment up to 3 years and fine. | Cognizable. | Bailable. | Any Magistrate. |
| Second or subsequent conviction. | Imprisonment up to 5 years and fine. | Cognizable. | Non-bailable. | Any Magistrate. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Sreekumar Menon vs State of Kerala
Court's Decision & Legal Precedent
The court examined the ingredients of the stalking offence introduced by the Criminal Law (Amendment) Act, 2013 and held that the allegations in the FIR and final report did not disclose them; the stalking charge, along with those under Sections 294(b) and 509 IPC and Section 120(o) of the Kerala Police Act, was therefore unsustainable and the proceedings were quashed under Section 482 CrPC.
On this section: The leading construction of what the stalking provision requires: following or contacting a woman to foster personal interaction despite a clear indication of disinterest, or monitoring her electronic communication, and not merely conduct a complainant finds objectionable.
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Ranjeet Naik vs State Nct of Delhi
Court's Decision & Legal Precedent
The conviction for stalking, alongside rape, was affirmed on the sole but credible testimony of the prosecutrix; the absence of physical injuries and the defence of consent did not displace her account, and the court directed compensation under the Delhi Victim Compensation Scheme.
On this section: Shows the stalking offence being proved and sustained on the prosecutrix's evidence of the accused's following and repeated approaches, as a conviction in its own right rather than an adjunct to the sexual assault charge.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 78
What have the courts held on Section 78 of the Bharatiya Nyaya Sanhita?
Sreekumar Menon vs State of Kerala (04 Nov 2024) is the leading judgment on this section among those set out below: The leading construction of what the stalking provision requires: following or contacting a woman to foster personal interaction despite a clear indication of disinterest, or monitoring her electronic communication, and not merely conduct a complainant finds objectionable. Another 1 judgment on this section is set out below. They run from 2021 to 2024.
Is Section 78 of the Bharatiya Nyaya Sanhita bailable?
Bailable, on a first conviction, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. This section is classified 2 ways; all of them are set out on this page.
Is Section 78 of the Bharatiya Nyaya Sanhita cognizable?
Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Any Magistrate.
How do I find court cases under Section 78 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 78, section 78 BNS, section 78 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 78(2) and bns 78 79. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Sreekumar Menon vs State of Kerala (04 Nov 2024).
What should I read with Section 78 of the Bharatiya Nyaya Sanhita, and has it changed?
2 other provisions in this corpus refer back to it.
When did Section 78 of the Bharatiya Nyaya Sanhita come into force?
Section 78 of the Bharatiya Nyaya Sanhita, cited as BNS 78, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
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Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.