BNS Section 78 – Stalking

Section in IPC – 354 D

Stalking

(1) 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; or
(ii) monitors the use by a woman of the internet, e-mail or any other form of electronic communication, commits the offence of stalking:
Provided that such conduct shall not amount to stalking if the man who pursued it proves that
(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; or
(ii) it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
(iii) in the particular circumstances such conduct was reasonable and justified.

(2) 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.

Example:
Vijay repeatedly waits outside Anita’s tuition and follows her home, despite her telling him not to. This behavior is stalking and is punishable under this Section. 

Key Points on BNS-78: Stalking

BNS-78 defines and criminalizes stalking, outlining the behaviors that constitute stalking, exceptions to the law, and the penalties for those who engage in such actions.

1. Definition of Stalking

• Repeated Contact and Following:
  • Stalking refers to a situation where a man persistently follows a woman and repeatedly contacts or attempts to contact her, despite her clear disinterest. This includes any unwanted communication or attempts to establish a personal relationship.
• Monitoring Electronic Communication:
  • The act of monitoring or tracking a woman’s use of the internet, email, or other electronic communication methods without her consent. This can include unauthorized access to her online activities, surveillance through electronic means, or hacking into her communication channels.

2. Exceptions to Stalking

The behavior does not qualify as stalking if the accused can prove one of the following:

• Crime Prevention or Detection:
  • If the conduct was performed with the objective of preventing or detecting crime. The accused must show they were legally assigned the responsibility for crime prevention or detection by the state, meaning their actions were part of their official duties in law enforcement or security.
• Legal Compliance:
  • The behavior was carried out in compliance with a legal mandate. This includes actions taken under the authority of any law or conditions imposed by legal authorities or mandates. This suggests the conduct was authorized or required by law.
• Reasonable and Justified Conduct:
  • In specific circumstances, the behavior was reasonable and justified. This subjective evaluation considers the context of the actions, and the accused must prove the behavior was appropriate and necessary for legitimate purposes.

3. Punishment for Stalking

• First Conviction:
  • For a first offense of stalking, the perpetrator faces imprisonment of either description (rigorous or simple) for a maximum term of three years. Additionally, the offender is also liable to pay a fine, the amount of which is determined by the court.
• Second or Subsequent Convictions:
  • If convicted for a second or subsequent offense of stalking, the punishment becomes more severe:
    • Imprisonment for up to five years, and
    • The offender will also be required to pay a fine. The more severe punishment aims to deter habitual stalking behavior.

Summary

BNS-78 establishes a comprehensive framework for dealing with stalking, covering behaviors such as unwanted physical following, repeated contact, and unauthorized monitoring of electronic communication. The law recognizes exceptions, such as actions taken in the course of legal duties, compliance with legal mandates, or reasonable conduct in specific contexts. Punishments for stalking include up to three years of imprisonment for first-time offenders, and up to five years for repeat offenders, along with a fine. The law is designed to protect individuals from persistent, intrusive behaviors while addressing the seriousness of repeated stalking.