Online Stalking of Women: BNS Section 78 Explained
Section 78 of the Bharatiya Nyaya Sanhita, 2023 specifically addresses stalking. It covers repeated following or contact with a woman to foster personal interaction despite a clear indication of disinterest, and monitoring a woman’s use of the internet, email or another form of electronic communication, subject to the statutory exceptions.
What does online monitoring mean?
The provision expressly includes monitoring a woman’s use of internet, email or another form of electronic communication. The facts and context are important in determining whether the statutory ingredients are satisfied.
Punishment
On first conviction, Section 78 provides imprisonment of either description for a term that may extend to three years and fine. On a second or subsequent conviction, imprisonment may extend to five years and fine. citeturn0search12turn0search24
What evidence can help?
- Repeated messages or contact attempts.
- Evidence of online monitoring.
- Profile URLs and account identifiers.
- Dates and times showing a pattern.
- Evidence of a clear indication of disinterest, where relevant.
How to complain
The National Cyber Crime Reporting Portal provides online cybercrime reporting, and its citizen manual specifically lists “Cyber Bullying/Stalking/Sexting” under online and social-media related crime. citeturn0search25turn0search7
SPG Legal Consultancy can assist with evidence review, complaint preparation and legal guidance concerning online stalking of women.
Need Legal Assistance?
If you are facing cyberstalking, social-media stalking, repeated unwanted contact, online monitoring or harassment, consider taking prompt legal advice. SPG Legal Consultancy can assist with evidence review, cybercrime complaint preparation and legal strategy.
Legal disclaimer: This content is for general information and is not a substitute for case-specific legal advice. The applicability of any law depends on the facts and evidence. No particular FIR registration, arrest, investigation result or case outcome can be guaranteed.