If a joke turns into persistent stalking or harassment, the law is on your side. Learn how to report it using BNS and BNSS.
Imagine you’re in a college WhatsApp group where a guy keeps posting “memes” about “how girls think,” but the jokes are getting increasingly personal and creepy. Or maybe you’ve noticed the same person at your bus stop, your gym, and outside your tuition, “coincidentally” every single day. When you voice your discomfort to friends, you're told you're overreacting or that it’s “just how guys are.”
But persistent, unwanted attention isn't a joke—it's a legal violation. In India, your intuition about your safety isn't “funny”; it’s a valid reason to seek protection. Whether it's a stranger following you or an ex-friend monitoring your Instagram stories through fake accounts, you don't have to just “deal with it.” This guide helps you move from being uncomfortable to taking decisive civic action using the newest laws in the country.
As of July 1, 2024, the old Indian Penal Code (IPC) has been replaced by the Bharatiya Nyaya Sanhita (BNS), and the rules for police procedure are now governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS). If you are experiencing harassment, these are the sections you need to know:
Previously Section 354D of the IPC, Section 78 of the BNS defines stalking broadly. It applies if a man:
This means digital stalking—like checking your “last seen,” spamming your DMs, or using spyware—is a criminal offence. For the first conviction, the punishment can be up to 3 years in jail plus a fine.
This replaces the old Section 354 IPC. It covers any assault or use of criminal force against a woman with the intent to outrage her modesty. This is a serious, non-bailable offence.
Replacing Section 509 IPC, this section targets words, gestures, or acts intended to insult the modesty of a woman. This includes shouting inappropriate comments in public or making lewd gestures.
The BNSS brings in a crucial protection for you. Under Section 173 of the BNSS (which replaces Section 154 CrPC), the law mandates that for offences like stalking or harassment, the information must be recorded by a woman police officer.
Furthermore, the Supreme Court judgment in Lalita Kumari v. Govt. of U.P. (2014) remains the gold standard: police are legally bound to register an FIR if your complaint discloses a “cognizable” (serious) offence. Stalking is a cognizable offence for the first instance, meaning the police can arrest the accused without a warrant.
Taking action can feel overwhelming, especially when you’re already feeling vulnerable. Follow these steps to build a solid case.
Before you block the person or delete the chat, you need evidence. Police and courts rely on proof, not just your word.
If the harassment is happening online, you don't have to go to a police station immediately.
For physical stalking or if the online harassment is severe, you need to file a First Information Report (FIR).
In cases of stalking or sexual harassment, the police are required under Section 183 of the BNSS (formerly Section 164 CrPC) to facilitate the recording of your statement before a Judicial Magistrate.
Once the FIR is filed, the police have a duty to investigate.
Browse all civic-action guides for more ways to protect your rights.
The law looks great on paper, but the "system" often relies on you not knowing your rights. Here is where things usually stall and how you can push back:
1. The "Samajhauta" (Compromise) Trap Officers might tell you to "just block him" or suggest a meeting to "sort it out" because a criminal case "will ruin the boy's career."
2. The "Jurisdiction" Excuse A local station might say, "This happened in another area/online, go to that station."
3. Digital Evidence Dismissal The police might say, "Screenshots can be morphed," and refuse to take the complaint.
4. No Woman Officer Available They might ask you to explain your trauma to a room full of male officers.
Copy, fill in the [highlighted] bits, and send.
You: "I want to file an FIR for stalking under Section 78 of the BNS. Here is my written complaint and the screenshots." Officer: "Beta, why involve the police? Just block him. An FIR will involve courts for years." You: "I understand the process, but this is a safety issue and a cognizable offence. Under the Supreme Court's ruling in Lalita Kumari, you are required to register an FIR when a cognizable offence is disclosed. If you cannot register it here, please file a Zero FIR and I will follow up with the SP office."
To: The Superintendent of Police, [District Name] Date: [Date] Subject: Complaint regarding refusal to register FIR for stalking (BNS 78)
Respected Sir/Madam, I am writing to bring to your notice that on [Date], I approached [Name of Police Station] to report a case of stalking and harassment by [Name of Accused, if known, or Phone Number/Handle].
Despite disclosing facts that constitute a cognizable offence under Section 78 and Section 79 of the BNS, the Duty Officer [Name, if known] refused to register an FIR, violating the mandate of Section 173 of the BNSS.
I request you to direct the registration of an FIR and ensure my statement is recorded by a woman officer as per law. Attached are the copies of my original complaint and evidence of the harassment.
Sincerely, [Your Name] [Your Phone Number]
If the FIR is filed but no action is taken after 30 days, file an RTI on rtionline.gov.in. Text for RTI: "Regarding FIR No. [Number] dated [Date] registered at [Police Station Name]:
No. Filing an FIR is absolutely free. Under **Section 173(2) of the BNSS**, the police must give you a copy of the FIR immediately, free of cost. If an officer asks for money for "paperwork" or "petrol," it is an illegal bribe. Report this to the Anti-Corruption Bureau of your state.
On the [National Cyber Crime Reporting Portal](https://cybercrime.gov.in), you can report "Women/Child related crime" anonymously. However, for a full criminal prosecution and arrest under the BNS, the police will eventually need your formal statement and identity to build a "chargesheet" (legal case).
The law still applies, but the procedure changes. The case will be handled under the **Juvenile Justice (Care and Protection of Children) Act, 2015**. The "accused" will be sent to a Juvenile Justice Board (JJB) rather than a regular criminal court, focusing on reform rather than just jail time.
Yes. While "prompt reporting" is preferred by courts, there is no strict expiry date for reporting a crime like stalking. If you can explain that you were under fear or didn't know your rights earlier, the police must still investigate.
Yes. **Section 78(1)(ii) of the BNS** explicitly includes monitoring a woman's use of the internet, email, or any other form of electronic communication. If someone is creating fake accounts to bypass your blocks or using "stalkerware" to track your online activity, it is a criminal offence.
For the first conviction under **Section 78 of the BNS**, the harasser can face up to 3 years of imprisonment and a fine. If they do it again (second conviction), the jail term can extend up to 5 years. Stalking is bailable for the first offence, but non-bailable for repeat offences.
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