Section 78 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 78 of the Bharatiya Nyaya Sanhita (BNS), 2023 criminalizes the act of stalking, specifically targeting behaviors that involve repeated and unwanted attention directed at a woman.
📜 Text of Section 78
Section 78 – Stalking
Any man who—
(i) follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman;
(ii) monitors the use by a woman of the internet, e-mail or any other form of electronic communication,
(i) it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State;
(ii) it was pursued under any law or to comply with any condition or requirement imposed by any person under any law;
(iii) in the particular circumstances such conduct was reasonable and justified.
Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.
🔍 Key Elements
Definition of Stalking:
Repeatedly following or attempting to contact a woman despite her clear disinterest.
Monitoring her use of the internet, email, or other electronic communication methods.
Exceptions:
Conduct does not amount to stalking if proven to be for crime prevention or detection, compliance with legal requirements, or if the conduct was reasonable and justified under the circumstances.(
Punishment:
First conviction: Imprisonment up to 3 years and a fine.
Second or subsequent conviction: Imprisonment up to 5 years and a fine.
⚖️ Legal Context
Section 78 of the BNS, 2023 aligns with Section 354D of the Indian Penal Code (IPC), which also addresses stalking. However, the BNS provides a more detailed framework, including specific exceptions and clearer definitions, to address contemporary concerns related to stalking, especially in the digital age.
📌 Legal Implications
This provision is significant in the context of modern criminal activities, where individuals may not directly commit a crime but engage in behaviors that cause distress or fear through repeated and unwanted attention. The inclusion of digital communication methods reflects the evolving nature of stalking and the legal system's response to it.
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