BNS78
BNS Section 78: Stalking
Ch V · Of Offences Against Woman and Child
Gazette p.41
Punishment
- (2) 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; 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
Depends on which sub-section applies. Copied verbatim from the text below.
Arrest, bail & court
- (2) Cognizable · Bailable · Any Magistrate (Stalking)
- (2) Cognizable · Non-bailable · Any Magistrate (Second or subsequent conviction)
From the BNSS, 2023, First Schedule (machine-extracted; check the Schedule for anything consequential).
Verbatim · BNS78. 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.
Corresponds (indicatively) to IPC 354D of the repealed Indian Penal Code, 1860. IPC → BNS table
Cite as: Section 78, Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023)