78
78
Stalking
Bharatiya Nyaya Sanhita, 2023
Chapter V Of Offences Against Woman and Child
⚖️
Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsStalkingHarassmentOnline SafetyChapter VModerate Offence
🗣️ Simple Explanation
What does this law say?
Section 78 of the BNS makes it a crime for a man to repeatedly follow a woman and try to contact her, even when she shows she's not interested. It also includes monitoring her online activities. This section replaces the old law from the IPC.
⚖️ Punishment
Imprisonment up to 5 years, or fine, or both.
💡 Real Life Example
Rahul repeatedly calls and texts Priya, even after she tells him to stop. Legal consequence: Rahul faces imprisonment and a fine.
Amit creates fake social media accounts to monitor Sneha's online activity. Legal consequence: Amit will be arrested and face jail time and fines.
🛡️ KNOW YOUR RIGHTS
- •Report the stalking to the police immediately.
- •Keep records of all unwanted contact.
- •Block the stalker on all platforms.
- •Seek a restraining order.
- •Remember, you have the right to legal aid under Article 39A.
❓ FREQUENTLY ASKED QUESTIONS
Stalking, as defined in Section 78, involves a man repeatedly following a woman and trying to contact her despite her disinterest, or monitoring her online activities. This law aims to protect women from harassment and ensure their safety.
For a first conviction, you could be imprisoned for up to three years and fined. For a second or subsequent conviction, the punishment increases to up to five years in jail, along with a fine. The police can arrest you without a warrant.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Bharatiya Nyaya Sanhita, 2023 (replaces IPC)
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
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