Introduction of Section 78 BNS
BNS Section 78 deals with the crime of stalking. It specifically addresses situations where a man persistently follows or attempts to contact a woman despite her clear lack of interest, or monitors her online activities. This law is designed to protect women from unwanted attention and harassment by imposing legal penalties on offenders.
- Introduction of Section 78 BNS
- What is section 78 of BNS ?
- BNS Section 78 in Simple Points
- Section 78 BNS Overview
- BNS 78 Punishment
- BNS 78 bailable or not ?
- Bharatiya Nyaya Sanhita Section 78
- BNS Section 78 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is section 78 of BNS ?
Section 78 of the BNS makes stalking a punishable offense. Stalking includes persistently following a woman, trying to contact her against her will, or monitoring her online activities. The law aims to safeguard women’s safety and privacy by penalizing such intrusive behaviors.
BNS Section 78 in Simple Points
- Meaning of Stalking: Stalking happens when a man follows or tries to talk to a woman over and over again, even when she has shown that she is not interested. It also includes watching her online activities without her knowing or agreeing.
- Two Main Forms of Stalking: There are two ways stalking can happen: (1) Physically following a woman or trying to communicate with her despite her showing she does not want any contact. (2) Watching or monitoring her internet use, emails, or any other electronic communications without her permission.
- When Stalking is Not a Crime: Stalking is not considered a crime if the man can prove that he was doing it to prevent or detect a crime, and he had legal authority to do so, or if he was required to do it by law.
- Punishment for First-Time Offense: If a man is found guilty of stalking for the first time, he can be jailed for up to three years and might have to pay a fine.
- Punishment for Repeat Offense: If the same man commits stalking again, the punishment becomes more severe. He could face up to five years in jail and will also have to pay a fine.
Section 78 BNS Overview
BNS Section 78 is a law under the BNS that makes stalking a crime. Stalking means a man repeatedly tries to follow or contact a woman even after she has shown she does not want any interaction. It also covers situations where a man monitors a woman’s internet activities or electronic communications without her consent.
Overview of BNS Section 78
- Defines Stalking: The law clearly defines what stalking is to protect women from unwanted advances and harassment.
- Protects Women’s Privacy: It aims to ensure women feel safe and secure by making it illegal to follow or monitor them without their consent.
- Covers Both Physical and Digital Stalking: Stalking isn’t just about following someone physically; it also includes watching or tracking their online activities.
- Legal Exceptions: The law does not consider it stalking if the person was doing it for a legitimate reason, like helping to solve a crime and had the authority to do so.
- First Offense is Serious: Even if it’s the first time someone is caught stalking, they can still face significant penalties, including jail time.
- Repeat Offenses are More Severe: If someone is caught stalking again, the law imposes even stricter punishments.
- Cognizable Offense: This means the police can arrest the person without needing a court-issued warrant.
- Bailable for First-Time Offenders: For the first offense, the person accused of stalking can apply for bail and might be released while awaiting trial.
- Non-Bailable for Repeat Offenders: If someone is accused of stalking more than once, it becomes harder for them to get bail.
- Handled by Magistrate: Cases under this section are usually handled by a Magistrate, depending on how serious the offense is.
Examples of BNS Section 78 Violations
- Example 1: A man repeatedly waits outside a woman’s office to talk to her, even after she has told him not to. This behavior is stalking because he is ignoring her request to stop trying to interact with her.
- Example 2: A man checks a woman’s social media posts and sends her messages, even though she has blocked him and told him to stop. This is also stalking because he is monitoring her online activities without her consent.
BNS 78 Punishment
First-Time Offense: Up to three years in jail and a fine.
Repeat Offense: Up to five years in jail and a fine.
BNS 78 bailable or not ?
First-Time Offense: Bailable (the accused can apply for bail).
Repeat Offense: Non-bailable (harder to get bail)
Bharatiya Nyaya Sanhita Section 78
| Aspect | Details |
|---|---|
| Definition of Stalking | Following, repeatedly contacting, or monitoring a woman’s online activities without her consent. |
| Legal Exceptions | Actions for crime prevention, required by law, or justified in specific circumstances are not stalking. |
| First Offense Punishment | Imprisonment up to 3 years and a fine. |
| Subsequent Offense Punishment | Imprisonment up to 5 years and a fine. |
| Cognizability | Cognizable offense – police can arrest without a warrant. |
| Bailability | Bailable for the first offense, non-bailable for repeat offenses. |
| Compounding | Non-compoundable – the case cannot be settled privately and must go to court. |
| Trial Court | Triable by any Magistrate. |
BNS Section 78 FAQs
What is considered stalking under BNS Section 78?
Stalking includes following a woman, contacting her repeatedly despite her disinterest, or monitoring her online activities without her consent.
Are there any exceptions where stalking is not considered a crime?
Yes, if the stalking is done for crime prevention, is required by law, or is reasonable and justified, it may not be considered a crime.
What is the punishment for stalking under BNS Section 78?
For the first offense, imprisonment can extend up to three years and a fine. For subsequent offenses, imprisonment can extend up to five years and a fine.
Is stalking a bailable offense?
Yes, it is bailable for the first offense, but non-bailable for repeat offenses.
Which court handles cases under BNS Section 78?
Cases are triable by any Magistrate, depending on the severity of the offense and the specifics of the case.
If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
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