Stalking Online: Section 78 BNS Punishment and Defences
By Advocate Panchanand Shaw, Bar Council of West Bengal · Published 4 Nov 2026 · Cyber law
Online stalking means repeatedly contacting or tracking a woman against her expressed wishes, and India treats it as stalking under Section 78 of the Bharatiya Nyaya Sanhita, 2023. A first conviction can bring up to three years and a fine, a repeat up to five years. This guide sets out the exact section, the complaint steps and the defences.
Online stalking in India is a criminal offence under Section 78 of the Bharatiya Nyaya Sanhita, 2023. The section punishes a man who repeatedly follows a woman, or contacts or attempts to contact her in order to foster personal interaction despite a clear indication of disinterest, or who monitors her use of the internet, email or any other form of electronic communication. A first conviction carries imprisonment which may extend to three years and a fine; a subsequent conviction can go up to five years and a fine.
Because the words “internet, email or other electronic communication” appear in the section itself, cyber stalking is not a grey area in Indian law — it is stalking. Where the conduct also involves capturing or circulating private images, Section 77 BNS (voyeurism) and Section 66E of the Information Technology Act, 2000 are relevant; where obscene messages are sent, Section 67 of the IT Act applies; and where the messages contain threats, Section 351 BNS (criminal intimidation) applies. A victim in Kolkata or anywhere in West Bengal can complain to the jurisdictional police station and to the cyber crime cell, and can escalate to a Magistrate if the police do not act.
What Section 78 of the BNS actually covers
Section 78 does not punish a single unwanted message. It punishes a course of conduct. Two broad patterns are covered. The first is following a woman, or contacting or attempting to contact her, to foster a personal interaction which she has clearly shown she does not want. The second is monitoring her use of the internet, email or any other electronic communication. That second limb is what makes persistent checking of someone's online activity, repeated fake accounts used to track her, or following her movements through a location feature a possible offence.
The section is gender-specific: it speaks of a man stalking a woman. Where a man is stalked, or where the parties do not fit the man-and-woman description, the conduct is usually dealt with under the general provisions of the BNS and the IT Act — criminal intimidation under Section 351 BNS, or obscene or privacy-violating communication under the IT Act.
A course of conduct, not one angry message
The law is aimed at repetition. A single offensive message sent in a moment of temper may be dealt with under Section 79 BNS or the IT Act, but it is not, by itself, stalking. What converts conduct into Section 78 stalking is that the woman has shown, directly or through her conduct, that she does not want the contact, and the man persists. Repeated calls from different numbers, messages over weeks, or following her across several platforms each point to the same thing: a course of conduct that ignored her disinterest.
What the section does not cover
- Conduct pursued to prevent or detect a crime, where the person is entrusted with that responsibility by the State.
- Conduct pursued under a legal obligation, or which the law requires.
- Conduct that, in the particular circumstances, is reasonable and justified.
These exceptions are narrow. A private security agency, a spurned acquaintance or a former partner acting out of personal interest does not fall within them. The burden of showing that an exception applies rests on the person accused.
Punishment under Section 78 BNS
| Conviction | Maximum punishment | Fine |
|---|---|---|
| First conviction | Imprisonment up to 3 years | Fine (in addition) |
| Second or subsequent conviction | Imprisonment up to 5 years | Fine (in addition) |
The offence is cognizable and bailable in the central classification. Cognizable means the police can register an FIR and, if the criteria in Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 are met, arrest without a warrant; that section requires the officer to record reasons for the arrest and to follow the statutory safeguards. Bailable means the accused is entitled to bail as of right, but bail conditions can still restrict contact with the complainant. The seriousness of a stalking case is judged by the pattern of conduct, not by the label alone.
How online stalking overlaps with other offences
A single course of online conduct can attract several sections at once, and a competent complaint sets out each one because the police and the court need to see the full picture.
- Section 78 BNS for the repeated unwanted contact or monitoring itself.
- Section 77 BNS where private images of the woman were watched, captured or shared.
- Section 79 BNS where words, sounds, gestures or objects were used to insult her modesty.
- Section 351 BNS where the communication carried a threat to her person, reputation or property.
- Section 66E, IT Act 2000 where a private area of the woman was captured or published.
- Section 67, IT Act 2000 where obscene material was published or transmitted electronically.
- Sections 66C and 66D, IT Act 2000 where the stalker stole her identity or cheated by impersonating her online.
Where the victim is a child, the Protection of Children from Sexual Offences Act, 2012 also applies to any sexual or indecent communication, and the complaint should say so expressly.
It also helps to separate online stalking from two situations it is often confused with. Persistent unwanted romantic contact is stalking where the woman has shown disinterest. A one-off abusive message is not stalking but may be an offence under Section 79 BNS or the IT Act. Monitoring a person's accounts to gather evidence, by contrast, falls within the statutory exceptions only where the conduct is pursued under a legal obligation, or is otherwise reasonable and justified.
What a victim should do, step by step
- Do not reply or negotiate. Any response tends to reinforce the contact and can be misread later as consent to communicate.
- Preserve everything before you block. Take screenshots showing the full screen, including the profile name, handle and timestamp. Save emails and messages with headers intact.
- Do not delete the account or the messages. Deletion destroys the evidence the police will ask for.
- Report through the platform. Use the in-app report tool so that a record is created with the platform; this record can later be summoned.
- File a written complaint at the jurisdictional police station where you live or where the communication was received, and keep a stamped receipt.
- Report on cybercrime.gov.in and call 1930 if the conduct involves any financial fraud connected to the stalking; the helpline links to the National Cyber Crime Reporting Portal.
- If the police refuse to register an FIR under Section 173 BNSS, send a written complaint to the Superintendent of Police under Section 173(4) BNSS, and if there is still no action, apply to the Magistrate under Section 175(3) BNSS for a direction to investigate.
- Ask about protection. In serious cases a lawyer can apply to the Magistrate for orders restraining the accused from contacting you.
If you are unsure which section fits your facts, an experienced cyber crime lawyer in Kolkata can map the conduct to the right provisions before you file, which avoids a weak first complaint.
Filing an online stalking complaint in West Bengal
You can file where you live or where the communication was received; jurisdiction is not limited to the place where the sender sat. In Kolkata, a complaint is filed at the jurisdictional police station or with the Cyber Crime Division of Kolkata Police, and the case is usually tried before the Judicial Magistrate First Class having jurisdiction; serious connected offences may go to the City Sessions Court. In the districts, the complaint is filed at the local police station and tried before the jurisdictional Magistrate. The firm's page on cyber crime matters across West Bengal sets out these local filing routes.
How the police obtain the stalker's identity
When the sender uses an unknown number, a fake profile or a masked email, the investigation turns on records held by the platform or the telecom operator. Under Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a court or the officer in charge of a police station may issue a written order requiring a person to produce a document or an electronic record, and this is the route by which subscriber details are obtained. The platform's response and the account data are then proved in court through a certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023. This is why the victim should preserve the exact profile link and handle, not merely a saved image of the message.
Evidence that decides an online stalking case
| Evidence | Why it matters |
|---|---|
| Screenshots with visible profile, handle and date/time | Shows the identity of the sender and the course of conduct |
| Original device you received the messages on | An electronic record is best proved from the source device |
| Platform complaint numbers and replies | Corroborates that a report was made and records were held |
| Witness testimony of people who saw the conduct | Establishes that the victim showed clear disinterest |
| A Section 63 BSA 2023 certificate | Makes the electronic record admissible in court |
What decides the outcome
- The pattern. One message is rarely stalking; a repeated course of conduct is.
- Whether disinterest was shown. A clear request to stop, a block, or a report creates the record that the accused ignored.
- Whether the identity of the sender can be established. Anonymous and burner accounts complicate proof but do not defeat a case if the platform record is obtained.
- The quality of the first complaint. A vague complaint is often closed early; a specific, dated, section-wise complaint is harder to close.
- Whether the conduct escalated. Movement from messages to monitoring to threats changes how seriously the case is treated.
A lawyer does not promise an outcome, but can ensure the complaint is complete and the correct sections are cited, which is what the investigating officer and the court actually work from.
Because each of these factors turns on documents, the earliest and most complete record usually decides how the case moves. Courts read the complaint, the screenshots and the platform records together, so a gap in one is less damaging if the others are sound.
Mistakes that weaken a stalking complaint
- Deleting messages, blocking before taking screenshots, or switching off the phone.
- Filing a one-line complaint with no dates, handles or copies of messages.
- Confusing this with a matrimonial or family dispute and filing in the wrong forum.
- Responding to the stalker in anger, which the other side may use to show a two-way exchange.
- Waiting months before acting, by which time platform logs and retention windows may have closed.
When to involve a lawyer
You can file a stalking complaint yourself, and many victims do. A lawyer becomes worth engaging when the police are slow to register the case, when the conduct involves images or threats and needs the correct sections, when you need a Section 175(3) BNSS application before a Magistrate, or when you want to seek protective orders. If you are facing a complaint as an accused, early advice on bail and on the narrow exceptions in Section 78 becomes important very quickly. See the firm's services for cyber crime matters in Kolkata for how these complaints and defences are handled.
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Call +91-9007000603 WhatsAppFrequently asked questions
Is online stalking a criminal offence in India?
Yes. Online stalking that involves repeatedly contacting a woman despite her disinterest, or monitoring her internet, email or electronic communication, is an offence under Section 78 of the Bharatiya Nyaya Sanhita, 2023. It is cognizable and bailable, with punishment up to three years on a first conviction and up to five years on a repeat conviction, each with a fine.
What is the punishment for stalking under Section 78 BNS?
A first conviction under Section 78 BNS carries imprisonment which may extend to three years and a fine. A second or subsequent conviction carries imprisonment which may extend to five years and a fine. The offence is classified as cognizable and bailable, so the accused can seek bail as of right, but the case still proceeds to trial.
Does Section 78 BNS apply to cyber stalking only, or also physical stalking?
Both. Section 78 covers following a woman and contacting or attempting to contact her to foster personal interaction she does not want, which may be physical, and it separately covers monitoring her use of the internet, email or other electronic communication. Cyber stalking is therefore expressly within the section rather than being a separate offence.
How do I file a complaint for online stalking?
Take dated screenshots preserving the profile, handle and messages, report through the platform, then file a written complaint at the jurisdictional police station and keep the receipt. You can also use cybercrime.gov.in. If the police do not register an FIR, complain to the Superintendent of Police under Section 173(4) BNSS and then apply to the Magistrate under Section 175(3) BNSS.
What evidence is needed to prove online stalking?
The strongest evidence is the original device on which the messages arrived, dated screenshots showing the sender's identity, platform complaint records, and witness testimony that the victim clearly showed disinterest. Because electronic records need a certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 to be admissible, the original phone is far more useful than forwarded images.
Can a man be booked for stalking under Section 78 BNS?
Section 78 BNS is gender-specific and punishes a man who stalks a woman. Where a man is stalked, or the parties do not fit that description, the conduct is generally addressed through other provisions, such as criminal intimidation under Section 351 BNS or the privacy and obscenity provisions of the Information Technology Act, 2000.
Is stalking under Section 78 a bailable offence?
Yes, the offence under Section 78 BNS is classified as bailable and cognizable. Bail is available as a matter of right, but that does not stop the investigation or the trial. Courts still assess the nature of the conduct, and repeated or aggravated behaviour can affect how bail conditions are set.
Information for general guidance only and not legal advice. Provisions cited follow the Information Technology Act 2000, the Bharatiya Nyaya Sanhita 2023 and the Bharatiya Nagarik Suraksha Sanhita 2023.
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