A man who keeps following you, messaging after you said stop, or watching your every post is not harmless, he is committing a crime. Since 1 July 2024, Section 78 of the Bharatiya Nyaya Sanhita (BNS) 2023 makes both physical stalking and online monitoring a punishable offence, and you can register an FIR even if the offender sits in another city. This guide shows you the exact steps to report stalking and cyberstalking, the evidence to lock down, and the mistakes that sink cases.
Quick answer: Stalking and cyberstalking are punishable under BNS Section 78. Report at any police station by FIR, or a zero-FIR under BNSS Section 173 if jurisdiction differs. For the online element, file on cybercrime.gov.in or call 1930. First conviction is up to 3 years and fine; subsequent up to 5 years.
Under BNS Section 78, stalking is when a man follows a woman and contacts or tries to contact her repeatedly despite a clear sign of disinterest, or monitors her use of the internet, email or any electronic communication. Cyberstalking, persistent unwanted messaging, tracking or surveillance online, falls squarely within this monitoring clause.
The offence, BNS s.78(1). Stalking is committed by a man against a woman in two ways: first, physically following and repeatedly contacting her after she shows disinterest, or second, monitoring her internet, email or electronic communication. The second limb is what makes cyberstalking, including direct messages, tagging, fake profiles and GPS tracking, chargeable.
Punishment, BNS s.78(2). A first conviction carries imprisonment up to 3 years and fine. A second or subsequent conviction carries imprisonment up to 5 years and fine.
Statutory exceptions. Section 78 does not apply where the man proves his conduct was first, pursued to prevent or detect crime and he was entrusted with that responsibility by the State, second, pursued under any law or to comply with a condition imposed under any law, or third, reasonable and justified in the particular circumstances. These are defences for the accused to prove, not reasons for police to refuse your complaint.
FIR procedure, BNSS s.173. For any cognizable offence, the police must register an FIR on receiving information irrespective of the area where the offence is committed. Information may be given orally, in writing, or by electronic communication. You are entitled to a free copy of the FIR.
The cyber overlay, IT Act 2000. Where stalking involves sending or publishing sexually explicit or obscene material, Section 67 of the Information Technology Act 2000, and s.67A for sexually explicit acts, may also be invoked alongside BNS s.78. Cite these only where such content actually exists.
Real-life example. Kashvi Pathak, a 24-year-old in Jaipur district, Rajasthan, found a man following her to work and flooding her Instagram with messages after she clearly asked him to stop. On 12 March 2026 he created two fake profiles to keep watching her posts. She saved screenshots with timestamps, copied the profile URLs, and on 14 March 2026 went to her local police station. When the officer hesitated because the man lived in another district, she insisted on a zero-FIR under BNSS Section 173; the station registered it under BNS Section 78 and transferred it. The same day she filed on cybercrime.gov.in, got the fake accounts flagged, and received her FIR copy free of cost. The investigation moved within the week.
Yes. Stalking is cognizable, so the police must register an FIR under BNSS Section 173 without first seeking a Magistrate order. File the complaint and insist on registration.
Yes. Under BNSS Section 173 an FIR must be registered irrespective of the area where the offence is committed. Ask for a zero-FIR; it is then transferred to the police station with territorial jurisdiction.
A first conviction is imprisonment up to 3 years and fine. A second or subsequent conviction is imprisonment up to 5 years and fine.
Yes. The second limb of s.78(1) covers monitoring a woman use of the internet, email or electronic communication, which includes persistent messaging, tracking and surveillance through fake accounts.
Yes, for any online element. File on cybercrime.gov.in or call 1930. This runs alongside the FIR and helps coordinate takedown of harassing or fake accounts. Save the acknowledgement number.
Section 78 is framed as an offence committed by a man against a woman. A male victim of online harassment should report under other applicable BNS and IT Act provisions and still lodge an FIR for the conduct involved.
Send a written complaint to the Superintendent of Police under BNSS s.173(4). If still refused, approach the jurisdictional Magistrate. Keep copies of every submission and acknowledgement.
No. You can register an FIR yourself, free of cost. A lawyer helps later with follow-up, the chargesheet stage and any related protection or restraining steps.