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Home › BNS Sections › Section 78
Bharatiya Nyaya Sanhita, 2023 In force since 1 July 2024

Section 78 BNS - Stalking

धारा 78 BNS (भारतीय न्याय संहिता) पीछा करने (स्टॉकिंग) का अपराध है - बार-बार पीछा करना या इंटरनेट पर निगरानी करना। पहली बार दोष सिद्ध होने पर 3 साल तक की कैद और जुर्माना। पुरानी IPC की धारा 354D अब यही धारा 78 BNS है।

Act
Bharatiya Nyaya Sanhita, 2023
Section
78 - Stalking
Old provision
Section 354D IPC
Punishment
Imprisonment up to 3 years and fine. Imprisonment up to 5 years and fine.
Cognizable?
Cognizable. Cognizable.
Bailable?
Bailable. Non-bailable.
Triable by
Any Magistrate. Any Magistrate.

Old law → Section 78 BNS

Corresponds toChangeRemarks
Section 354D IPC Renumbered, no change No change.

Section 78 of the Bharatiya Nyaya Sanhita, 2023 (BNS) is the offence of stalking. It replaced the well-known Section 354D of the Indian Penal Code when the BNS came into force on 1 July 2024, carrying the old provision forward without change.

What Section 78 BNS provides

A man commits stalking if he: 

- follows a woman and contacts, or attempts to contact, her to foster personal interaction repeatedly despite a clear indication of disinterest by the woman; or

 - monitors the use by a woman of the internet, email or any other form of electronic communication...

The section builds in its own exceptions. The conduct does not amount to stalking if the man shows that it was pursued for the purpose of preventing or detecting crime under a responsibility entrusted to him by the State, that it was pursued under any law or to comply with a condition or requirement imposed under any law, or that in the particular circumstances it was reasonable and justified.

Punishment, bail and trial

  • First conviction - imprisonment for a term which may extend to three years, and fine. At this stage the offence is cognizable and bailable.
  • Second or subsequent conviction - imprisonment which may extend to five years, and fine. The offence remains cognizable but becomes non-bailable.

Both tiers are triable by any Magistrate. Because the offence is cognizable, the police can register an FIR and investigate without waiting for a Magistrate's order. The graded scheme matters in practice: a first-time accused has a right to bail, while a repeat offender does not.

Points worth noting

The offence is gender-specific - it is committed by a man against a woman. It also does not require any physical contact or threat: persistent following or contact after the woman has clearly shown disinterest, or covert monitoring of her online life, is itself the offence. Complaints under this section frequently sit alongside other provisions, such as those dealing with sexual harassment or word or gesture insulting a woman's modesty, depending on the facts.

What changed from Section 354D IPC

Nothing of substance. The official comparison table records the provision as renumbered with no change, so the definition, the exceptions and the two-tier punishment all continue exactly as they stood under Section 354D IPC, and the case law and police practice developed under the old section continue to apply. Stalking is a relatively young offence - it entered the statute book in 2013, when Section 354D was inserted into the IPC on the recommendations of the Justice Verma Committee, and the BNS retains it as Section 78.

Being stalked, or accused under this section? Evidence in these cases - call records, chat logs, complaints made at the time - needs to be preserved early. Talk to a lawyer in your city or browse advocates in the Free Law directory.

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Frequently Asked Questions

What is Section 78 BNS?

Section 78 of the Bharatiya Nyaya Sanhita, 2023 is the offence of stalking: a man who repeatedly follows or contacts a woman despite her clear disinterest, or monitors her use of the internet, email or other electronic communication. It replaced Section 354D IPC on 1 July 2024 without change.

What is the punishment for stalking under Section 78 BNS?

On first conviction, imprisonment up to three years and fine; on a second or subsequent conviction, imprisonment up to five years and fine.

Is Section 78 BNS bailable?

The first offence is cognizable and bailable; a second or subsequent offence is cognizable and non-bailable. Both are triable by any Magistrate.

Does online stalking count under Section 78 BNS?

Yes. Monitoring a woman's use of the internet, email or any other form of electronic communication is expressly covered as stalking.

What is Section 354D IPC called now?

Section 78 of the Bharatiya Nyaya Sanhita, 2023. The definition, exceptions and two-tier punishment are unchanged, so the case law under Section 354D IPC continues to apply.

What is the punishment for stalking under Section 78 BNS?

A first conviction carries imprisonment up to three years and fine. A second or subsequent conviction carries imprisonment up to five years and fine.

Is stalking a bailable offence under Section 78 BNS?

For a first conviction, the offence is cognizable and bailable. For a second or subsequent conviction, the offence remains cognizable but becomes non-bailable.