Section 78 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 78 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the offence of stalking, specifically targeting actions by men that infringe upon a woman's privacy and autonomy.(
📜 Legal Provision
Section 78 defines stalking as:
Repeated Unwanted Contact: Following a woman and attempting to contact her repeatedly to foster personal interaction, despite clear indications of her disinterest.
Monitoring Electronic Communication: Monitoring or tracking a woman's use of the internet, email, or any other form of electronic communication without her consent.
However, such conduct does not amount to stalking if the accused proves:(
The actions were undertaken for the purpose of preventing or detecting crime, and the individual was entrusted with this responsibility by the State.
The conduct was pursued under any law or to comply with any condition or requirement imposed by any person under any law.
In the particular circumstances, the conduct was reasonable and justified.
⚖️ Punishment
First Conviction: Imprisonment for a term which may extend to three years, along with a fine.
Second or Subsequent Conviction: Imprisonment for a term which may extend to five years, along with a fine.
🧭 Legal Context
Section 78 of the BNS, 2023 aligns closely with Section 354D of the Indian Penal Code (IPC), 1860, which also criminalizes stalking. Both provisions aim to protect individuals, particularly women, from persistent and unwanted attention that invades their privacy.
This section underscores the legal system's commitment to safeguarding personal autonomy and privacy, providing a clear framework for addressing stalking and its consequences.
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