Bharatiya Nyaya Sanhita, 2023
BNS Section 78
Stalking
In one line
BNS Section 78 deals with stalking and replaces IPC 354D.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 78(2) | Stalking. | Imprisonment up to 3 years and fine. | Cognizable. | Bailable. | Any Magistrate. |
| 78(2) | Second or subsequent conviction. | Imprisonment up to 5 years and fine. | Cognizable. | Non-bailable. | Any Magistrate. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 78
78. Stalking.
(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.
Frequently asked
What was BNS Section 78 in the IPC?
BNS Section 78 (Stalking) replaces Section 354D of the Indian Penal Code, 1860. IPC 354D is now BNS 78.
What is the punishment under BNS 78(2)?
Stalking – Imprisonment up to 3 years and fine. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by any Magistrate.
Is BNS 78 bailable?
Bailable: BNS 78(2). Non-bailable: BNS 78(2). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 73 — Printing or publishing any matter relating to Court proceedings without permission
- BNS 74 — Assault or use of criminal force to woman with intent to outrage her modesty
- BNS 75 — Sexual harassment
- BNS 76 — Assault or use of criminal force to woman with intent to disrobe
- BNS 77 — Voyeurism
- BNS 79 — Word, gesture or act intended to insult modesty of a woman
- BNS 80 — Dowry death
- BNS 81 — Cohabitation caused by man deceitfully inducing belief of lawful marriage
- BNS 82 — Marrying again during lifetime of husband or wife
- BNS 83 — Marriage ceremony fraudulently gone through without lawful marriage