How to report harassment and public nuisance under BNSS and IT Act

The "Chalta Hai" Trap

You are walking home from tuition when a group of guys starts following you, making "comments" just loud enough for you to hear. Or maybe your Instagram DMs are flooded with creepy messages from a fake account that knows exactly where you were last Saturday. Your first instinct? Lock your profile. Walk faster. Tell yourself it is not a big deal.

In India, we are often socialised to believe that "ignoring it" is the safest path. We are told that reporting it will lead to "police-kacheri" drama that ruins our reputation. But here is the reality: ignoring harassment does not make it stop; it just makes the harasser feel invincible. When you ignore a public nuisance or a stalker, you are essentially giving them a free pass to do it to the next person. Taking action is not about being "sensitive" or "dramatic"—it is about using the legal tools designed to protect your space. With the new Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS) in effect as of 2024, the law has become more explicit about digital stalking and your right to file complaints from anywhere.

What the law actually says

Since July 1, 2024, the old Indian Penal Code (IPC) and Code of Criminal Procedure (CrPC) have been replaced by the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS). These laws define what counts as harassment and how the police must handle your complaint.

1. Stalking (Section 78 of the BNS)

Stalking is no longer just about someone following you physically. Under Section 78 of the BNS, if a man follows a woman or contacts/attempts to contact her to foster personal interaction despite a clear indication of disinterest, it is stalking. Crucially for us, it also includes monitoring the use by a woman of the internet, email, or any other form of electronic communication. If someone is tracking your "last seen" or obsessively commenting on your posts after you have told them to stop, that is a crime punishable with up to 3 years in jail for the first offence.

2. Insulting Modesty (Section 79 of the BNS)

This section covers what we commonly call "eve-teasing." It penalises any word, gesture, or act intended to insult the modesty of a woman. This includes uttering any sound, exhibiting any object, or intruding upon the privacy of a woman. It is not "just a joke" if it makes you feel unsafe or insulted.

3. Public Nuisance (Sections 270–292 of the BNS)

If a group is blocking a public path, playing deafening music at 3 AM, or creating an environment that makes it impossible for you to use a public space safely, they are committing a public nuisance. Section 270 defines it as any act or illegal omission which causes any common injury, danger, or annoyance to the people in the vicinity.

4. Online Harassment (Information Technology Act, 2000)

While the BNS covers the criminal intent, the IT Act handles the digital specifics. Section 66E deals with violation of privacy (capturing or publishing private images without consent), and Section 67 deals with publishing obscene material in electronic form.

5. Your Right to an FIR (Section 173 of the BNSS)

The most powerful tool you have is Section 173 of the BNSS (which replaced Section 154 of the CrPC). It mandates that the police must register an FIR (First Information Report) for cognizable offences like stalking or assault. The Supreme Court in Lalita Kumari vs. Govt. of U.P. (2014) made it clear: if the information discloses a cognizable offence, the police have no choice but to register the FIR. The new BNSS also officially recognises the "Zero FIR," meaning you can walk into any police station in India to report a crime, even if it happened in another city or district.

Step-by-step playbook

Step 1: Document the evidence immediately

The law relies on facts, not just feelings. Before you block or delete, you must preserve the proof.

• Digital: Take screenshots of DMs, comments, and profile URLs. Do not just screenshot the message; screenshot the harasser's profile page and the date/time. If they send disappearing photos, use another phone to take a photo of the screen.
• Physical: If you are being followed or harassed in public, note the exact time, location, and a description of the person (clothes, height, any identifying marks). If there are CCTV cameras nearby (shops, apartments), note their location so the police can request the footage later.
• Witnesses: If a shopkeeper or a friend saw what happened, get their contact number.

Step 2: Choose your reporting channel

You have three main ways to take action:

• National Cyber Crime Reporting Portal: For online harassment, go to cybercrime.gov.in. You can report anonymously if you are not ready to file a full FIR, but for action to be taken, filing a formal complaint is better.
• Women Helpline (1091/181): These are 24/7 toll-free numbers that can provide immediate assistance and guide you to the nearest help desk.
• The Local Police Station: For physical stalking or immediate danger, go to the nearest station. You can ask for the 'Women’s Help Desk' which most stations now have.

Step 3: Draft your complaint

Do not just say "He is bothering me." Be clinical and specific. Use a structure like this:

• Who: Name/ID of the person (if known) or physical description.
• What: Exact words used or actions taken.
• Where: Specific URL or physical location.
• When: Dates and timestamps.
• The "Disinterest" Clause: For stalking, mention that you explicitly told the person to stop or that their contact was unwanted. This is a key legal requirement for Section 78 BNS.

Step 4: Filing the FIR under Section 173 BNSS

When you go to the police station, tell the officer you want to file an FIR under Section 173 of the BNSS.

• The Narrative: You will narrate your complaint. The officer will write it down.
• Read Before Signing: Once written, the officer must read it back to you. Ensure everything you said is recorded accurately.
• Zero FIR: If the officer says, "This happened in the next colony, go to that station," remind them that under Section 173 of the BNSS, they are required to file a Zero FIR and transfer it to the relevant station themselves. You do not have to run around.

Step 5: Demand your free copy

Under Section 173(2) of the BNSS, you are entitled to a copy of the FIR free of cost, immediately. Do not leave the station without it. This is your proof that the state has officially acknowledged your complaint.

Step 6: The "Follow-up" Strategy

Filing the FIR is only half the battle. If the police do not take action within a week:

• Check Status Online: Most state police portals (e.g., delhipolice.nic.in or uppolice.gov.in) allow you to track the status of your FIR using the FIR number.
• Send a copy to the SP: If the local station is sitting on it, send a copy of your complaint to the Superintendent of Police (SP) via registered post under Section 173(4) of the BNSS. This forces a record of the complaint at a higher level.
• File an RTI: If there is zero movement, use File an RTI online to ask for the daily progress report of your FIR. Nothing moves a file faster than a formal transparency request.

For more specific guides on dealing with police or digital safety, check out How to file an FIR (and what to do if police refuse) or the Cyber Crime reporting portal walkthrough.

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Where it usually breaks

Even with the new BNSS laws, the "system" can be sticky. Here is where your complaint might hit a wall and how to climb over it.

1. The "Samjhauta" (Compromise) Trap

This is the most common failure mode. The officer might tell you, "Beta, career kharab ho jayega uska" (Son/Daughter, his career will be ruined) or suggest you just block the person and move on. They might try to frame it as a "mutual dispute" rather than a criminal offence. The Workaround: Stand your ground. Politely but firmly cite Section 173 of the BNSS. Remind them that for cognizable offences (like stalking under Section 78 BNS), they are legally bound to register an FIR as per the Supreme Court judgment in Lalita Kumari vs. Govt. of U.P. (2014). If they still refuse, ask for their name and rank, and tell them you will be sending the complaint to the Superintendent of Police (SP) via registered post.

2. Jurisdiction Gatekeeping

You go to a station, and they tell you, "Yeh hamara area nahi hai" (This isn't our area). They might try to send you to a station 10 km away. The Workaround: Mention the Zero FIR. Under the new BNSS framework, any police station must record the information of a cognizable offence regardless of where it happened. They must register it, give you a copy for free, and then transfer it to the relevant station. Do not leave until you get a "Zero FIR" number.

3. "It’s just a screenshot"

In digital harassment cases, some officers might dismiss your evidence as "fake" or "easily edited." They might refuse to take the complaint because you don't have the "original device" or a forensic report. The Workaround: You don't need a forensic report to file a complaint; the police need to investigate to get one. Provide a self-attested printout of the screenshots and mention that you are ready to provide the digital device for inspection under Section 63 of the Bharatiya Sakshya Adhiniyam (BSA), 2023 (which replaced the Evidence Act).

4. Portal Ghosting

You filed a complaint on cybercrime.gov.in, but it has been "Pending" for three weeks. The Workaround: Online portals are just the first step. If there is no movement within 48 hours, take the "Acknowledgement Number" from the portal, print the PDF of your complaint, and visit the local Cyber Cell or the nearest police station in person. The physical presence usually triggers the "Action Taken Report" (ATR).

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Templates / script

1. Script for calling 112 (Emergency) or 1091 (Women Helpline)

When you are panicked, it is hard to be coherent. Use this structure: "My name is [Name]. I am currently at [Location/Landmark]. I am facing [harassment/stalking/public nuisance] by [describe the person/group]. I feel unsafe. Please send a patrol car or the nearest beat constable. My phone number is [Number]."

2. Formal Complaint Template (for the SHO)

Copy, paste, and fill in the brackets. You can hand-write this or print it.

To, The Station House Officer, [Name of Police Station], [City/District]

Date: [DD/MM/YYYY]

Subject: Complaint regarding Stalking and Harassment under Section 78 and 79 of the BNS, 2024.

Respected Sir/Madam,

I, [Your Name], daughter/son of [Parent's Name], residing at [Your Address], wish to report an incident of [harassment/stalking].

Incident Details: Since [Date/Time], a person [Name/Description/Social Media Handle] has been [describe the action: following me / sending unwanted messages / making obscene gestures]. Despite my clear indication of disinterest and asking them to stop on [Date], the individual has continued this behaviour.

Evidence: I have attached [screenshots of messages / photos of the person / CCTV footage / witness details] as Annexure A.

I request you to register an FIR under Section 173 of the BNSS and take necessary action. Please provide me with a free copy of the FIR as per my legal right.

Regards, [Your Signature] [Your Phone Number]

3. Email to the SP/DCP (If the SHO refuses your FIR)

If the local station ignores you, send this to the SP or DCP of your district. You can find their email on your state’s police website (e.g., delhipolice.nic.in or uppolice.gov.in).

Subject: Grievance regarding refusal to register FIR – [Your Name]

Dear Sir/Madam,

I am writing to bring to your notice that on [Date], I visited [Police Station Name] to report an offence of [Stalking/Harassment]. However, the officer in charge refused to register my FIR, which is a violation of the mandate set by the Supreme Court in Lalita Kumari vs. Govt. of U.P. and Section 173 of the BNSS.

I am attaching my original complaint. I request your intervention to ensure the FIR is registered and the matter is investigated.

Sincerely, [Your Name] [Phone Number]

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FAQs

1. Do I need to pay any fee to file an FIR or a police complaint?

No. Filing an FIR is absolutely free. If any officer asks for money for "paperwork" or "petrol," it is a bribe. You are also entitled to a free copy of the FIR immediately after it is registered under Section 173(2) of the BNSS.

2. Can I file a complaint if the harasser is using a fake profile?

Yes. You do not need to know the real identity of the person to file a complaint. The police have a Cyber Cell specifically trained to track IP addresses and metadata to identify the person behind the "fake" account. Just provide the exact URL of the profile or the specific handle.

3. What is a "Zero FIR" and how does it help me?

A Zero FIR allows you to file a complaint at any police station, regardless of where the crime happened. It is given the number '0' and later transferred to the relevant station. This is a lifesaver if you are being harassed while travelling or if you feel the local station in the area of the crime is biased.

4. Will the police inform my parents if I am over 18?

Legally, if you are an adult (18+), the police are supposed to deal with you directly. However, in practice, Indian police often ask for "family contact details." If you are uncomfortable with this, you can specify that you wish for your privacy to be maintained as per Section 79 of the BNS, which protects a woman's modesty and privacy.

5. What if the person harassing me is a minor (under 18)?

The process remains the same for you. You still file the complaint. However, the police will handle the accused under the Juvenile Justice (Care and Protection of Children) Act. They won't be put in a regular jail but may be sent to a correction home or given counselling.

6. Can I withdraw my FIR later if the person apologises?

Stalking and harassment are generally "non-compoundable" offences, meaning you cannot officially "withdraw" them just by signing a paper at the station. To quash an FIR, you usually have to approach the High Court. This is why you should be sure of your facts before filing, but don't let it scare you out of reporting genuine threats.

7. How long does it take for the police to act after an FIR?

Once an FIR is filed, the police must start the investigation. Under the BNSS, there are now stricter timelines for investigation, especially in crimes against women. For many offences, the police are expected to provide a progress report to the informant (you) within 90 days.