Stalking under the Bharatiya Nyaya Sanhita

Stalking under Section 78 of the Bharatiya Nyaya Sanhita, 2023 is committed when a man persistently pursues unwanted personal interaction with a woman, or monitors her electronic communications. The provision covers both physical pursuit and cyberstalking as alternative forms of the offence.

Conduct covered

The statutory wording is gender-specific: the accused is a man and the person subjected to stalking is a woman.

• A man stalks when he follows a woman and contacts, or attempts to contact, her to foster personal interaction repeatedly, despite her clear indication of disinterest.
• A man also stalks when he monitors a woman's use of the internet, e-mail or any other form of electronic communication.
• Electronic monitoring constitutes a separate statutory mode; it need not involve physically following or directly contacting the woman.

Statutory exceptions

The conduct does not amount to stalking if the accused proves that it falls within one of the stated exceptions.

• The conduct was pursued to prevent or detect crime, and the accused had been entrusted with that responsibility by the State.
• The conduct was pursued under a law, or to comply with a condition or requirement imposed under law.
• In the particular circumstances, the conduct was reasonable and justified.

Punishment

• For a first conviction, stalking is punishable with imprisonment of either description for up to three years, along with fine.
• For a second or subsequent conviction, imprisonment may extend to five years, along with fine.

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