BNS Section 78 : Stalking .

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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.

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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.

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BNS Section 78 in Simple Points

Meaning of Stalking
Stalking happens when a man repeatedly follows a woman, tries to talk to her, or attempts to make contact even after she has clearly shown that she is not interested. It also includes cyberstalking, such as secretly watching her online activities, monitoring her social media, emails, or other electronic communications without her knowledge or permission.

Two Main Forms of Stalking
The law identifies stalking in two ways. First, physical stalking, where a man follows or tries to interact with a woman despite her refusal to engage. Second, online stalking, where a man monitors or spies on her internet use, personal messages, or electronic communications without consent. Both forms are equally punishable under this section.

When Stalking is Not a Crime
The law also provides exceptions. Stalking is not considered a crime if the accused can prove that his actions were for a legitimate purpose, such as preventing or detecting a crime, or if he was acting under legal authority or an official duty. This ensures that genuine law enforcement work is not wrongly penalized.

Punishment for First-Time Offense
For a first conviction of stalking, the punishment can be imprisonment of up to three years along with a fine. The fine amount is determined by the court based on the facts of the case. This gives the offender a warning while still imposing a serious penalty.

Punishment for Repeat Offense
If the same person stalks again, the law treats it much more seriously. A repeat offender can face imprisonment for up to five years and will also have to pay a fine. This stricter punishment is meant to deter repeated harassment and protect women from ongoing threats.

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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 explains what stalking means so there is no confusion. Stalking is when a man repeatedly follows a woman, tries to contact her, or monitors her activities against her wishes. By defining this behaviour, the law makes it clear what counts as harassment.

Protects Women’s Privacy
The main goal of this section is to ensure that women feel safe and secure in both public and private spaces. By criminalizing stalking, the law guarantees protection for a woman’s right to privacy and freedom from unwanted attention.

Covers Both Physical and Digital Stalking
Stalking is not limited to physically following someone. The law also recognizes cyberstalking—monitoring a woman’s internet use, emails, or social media without her consent. This makes the law relevant to modern times where online harassment is a major issue.

Legal Exceptions
Not all monitoring is considered stalking. The law allows exceptions if the accused was acting with legal authority or for a legitimate purpose, such as preventing or investigating a crime. This ensures genuine police or legal actions are not punished unfairly.

First Offense is Serious
Even a first-time offence is treated strictly. If a man is caught stalking, he can face up to three years in prison and a fine. This makes it clear that stalking is not a minor issue but a serious criminal offence.

Repeat Offenses are More Severe
If someone commits stalking again after being punished once, the law becomes even harsher. Repeat offenders can face up to five years in prison along with a fine, showing that the law does not tolerate repeated harassment.

Cognizable Offense
Stalking is classified as a cognizable offence, which means police can register a case and arrest the accused without waiting for a court order. This allows immediate action to protect the victim.

Bailable for First-Time Offenders
For the first offence, stalking is bailable, meaning the accused can apply for bail and may be released while the trial is ongoing. This balances punishment with fairness for first-time offenders.

Non-Bailable for Repeat Offenders
For repeat offences, stalking becomes non-bailable. This makes it much harder for the accused to get bail and ensures that repeat offenders are kept in custody to protect victims.

Handled by Magistrate
Cases under this section are usually handled by a Magistrate, who decides the punishment based on the seriousness of the act. This ensures that stalking cases are legally processed and not taken lightly.

Examples of BNS Section 78 Violations

1. 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.
2. 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.

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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.

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BNS 78 bailable or not ?

First-Time Offense: Bailable (the accused can apply for bail).

Repeat Offense: Non-bailable (harder to get bail)

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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.

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BNS Section 78 FAQs

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