How to File an FIR for Stalking and Cyberstalking under BNS 78

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.

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.

1. Write down a dated, factual account: who, what was said or done, when, on which platform or location, and how often. Stick to facts.
2. Preserve evidence first, before you confront or block the stalker, so nothing is lost.
3. Go to the nearest police station and give your information orally or in writing. The officer must register an FIR under BNS s.78. Insist on it.
4. If the offence happened in another jurisdiction, demand a zero-FIR under BNSS Section 173; the station must register it and transfer it to the correct station. Do not let them turn you away.
5. Collect your free FIR copy and note the FIR number, date and station. This is your proof of registration.
6. For the online element, file a separate complaint on the National Cyber Crime Reporting Portal at cybercrime.gov.in under Report Women or Child Related Crime, or Report Other Cyber Crime, or call the helpline 1930.
7. Upload your evidence such as screenshots, URLs and profile links to the portal and save the acknowledgement number.
8. Follow up in writing with the investigating officer; if the FIR is refused, send a written complaint to the Superintendent of Police under BNSS s.173(4) and, if needed, approach the Magistrate.

• Screenshots of every message, comment, call log and notification, with visible date, time and the sender username or number.
• Full URLs and profile links of fake or harassing accounts. Copy the link, do not just describe it.
• Call records and SMS logs from your telecom provider.
• Email headers for harassing emails, which show the source.
• A written timeline of incidents in chronological order.
• Names and contact details of any witnesses who saw the following or saw the messages.
• Your own ID proof and address proof for the FIR.
• Any earlier stop contacting me message you sent, since it establishes the clear disinterest element.

• Deleting or blocking before saving evidence. Once gone, screenshots and chat history are hard to recover. Preserve everything before you block, as digital records are now governed by the Bharatiya Sakshya Adhiniyam 2023.
• Accepting a complaint instead of an FIR. A diary entry or general complaint is not an FIR; stalking is cognizable, so registration under BNSS s.173 is mandatory.
• Walking away over jurisdiction. Police cannot refuse on wrong area grounds. A zero-FIR under BNSS s.173 must be registered anywhere.
• Reporting only online or only at the station. Use both, the FIR for the offence and cybercrime.gov.in for the digital trail and faster takedown coordination.
• Vague dates. Repeated conduct must be shown; undated screenshots are easy to dispute. Keep timestamps intact.
• Naming the wrong section. Cite BNS s.78, not the repealed IPC s.354D, which is no longer operative for offences on or after 1 July 2024.

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.

• Draft a clean information report or RTI to track your case status with the AI RTI Drafter.
• If an authority sits on your follow-up RTI, build your appeal with the First Appeal Builder.
• Understand your transparency rights under the RTI Act, 2005 and the full method in The RTI Playbook.
• Learn the jurisdiction-free route in detail: Zero-FIR under BNSS Section 173.
• Facing harassment within marriage too? See BNS Section 85 cruelty FIR.

• BNS Section 78 Stalking, Bharatiya Nyaya Sanhita 2023 (India Code)
• BNSS Section 173, Bharatiya Nagarik Suraksha Sanhita 2023 (India Code)
• National Cyber Crime Reporting Portal and 1930 helpline
• Information Technology Act 2000, Section 67 (India Code)