How to report stalking and harassment under BNS 78 and BNS 74

The gaslighting ends here

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.

What the law actually says

As of July 1, 2024, the old Indian Penal Code (IPC) has been replaced by the Bharatiya Nyaya Sanhita (BNS), and the rules for police procedure are now governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS).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:

1. Stalking (Section 78 BNS)

Previously Section 354D of the IPC, Section 78 of the BNS defines stalking broadly. It applies if a man:

• Follows a woman and contacts, or attempts to contact her, to foster personal interaction repeatedly despite a clear indication of disinterest.
• Monitors the use by a woman of the internet, email, or any other form of electronic communication.

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.

2. Outraging Modesty (Section 74 BNS)

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.

3. Insulting Modesty (Section 79 BNS)

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.

4. Your Procedural Rights (Section 173 BNSS)

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.

Step-by-step playbook

Taking action can feel overwhelming, especially when you’re already feeling vulnerable. Follow these steps to build a solid case.

Step 1: Document everything immediately

Before you block the person or delete the chat, you need evidence. Police and courts rely on proof, not just your word.

• Digital: Take screenshots of DMs, comments, and call logs. Do not crop them; ensure the date, time, and the harasser's handle/number are visible. If they are using disappearing messages, use another phone to take a photo of the screen.
• Physical: If you are being followed, keep a log of dates, times, and locations. If there are witnesses (like a shopkeeper or a security guard), note down their names.
• Mental Health Check: Harassment is draining. If you're feeling anxious or spiralling, reach out to Mental health helplines (iCall, Vandrevala, NIMHANS) for immediate support before diving into the legal process.

Step 2: File an Online Cybercrime Report

If the harassment is happening online, you don't have to go to a police station immediately.

• Action: Visit the Cyber Crime reporting portal at cybercrime.gov.in.
• What to upload: Upload the screenshots you gathered in Step 1.
• Timeline: You will receive an acknowledgement number immediately. A police officer from the local cyber cell will usually contact you within 48–72 hours for a statement.
• If it fails: If the portal is down or you don't hear back, proceed to Step 3.

Step 3: Visit the Police Station to file an FIR

For physical stalking or if the online harassment is severe, you need to file a First Information Report (FIR).

• Where to go: You can go to any police station. Under Section 173(1) of the BNSS, you can file a “Zero FIR” at any station, even if the incident didn't happen in their jurisdiction. They are legally required to record it and then transfer it to the correct station.
• What to bring: Two copies of a written complaint (keep one for yourself), your ID proof, and printed copies of any evidence.
• The Process: Ask to speak with a woman officer. Clearly state that you want to file an FIR under Section 78 (Stalking) or Section 79 (Insulting Modesty) of the BNS.
• Expected Timeline: The FIR should be registered immediately. You are entitled to a free copy of the FIR on the spot. Refer to our guide on How to file an FIR (and what to do if police refuse) if the officer tries to brush you off.

Step 4: Record your statement before a Magistrate

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.

• What to do: The police will take you to the local court. You will tell the Magistrate exactly what happened in a private setting. This statement is vital because it is recorded under oath and carries more weight in court than a statement given to the police.
• Timeline: This usually happens within a few days of filing the FIR.

Step 5: Follow up on the investigation

Once the FIR is filed, the police have a duty to investigate.

• Action: Stay in touch with the Investigating Officer (IO). Ask for updates on whether the accused has been questioned or if any digital records (like IP addresses from social media companies) have been requested.
• Timeline: The police are generally expected to complete the investigation and file a 'Charge Sheet' in court within 60 to 90 days, depending on the severity of the charge.

Browse all civic-action guides for more ways to protect your rights.

Where it usually breaks

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."

• The Workaround: Stand your ground. Remind the officer that under Section 173 of the BNSS, they are legally bound to record the information if it discloses a cognizable offence like stalking (BNS 78). If they refuse, tell them you will file a complaint with the Superintendent of Police (SP) under Section 173(4) of the BNSS.

2. The "Jurisdiction" Excuse A local station might say, "This happened in another area/online, go to that station."

• The Workaround: Demand a Zero FIR. Under the BNSS, a police station is required to register an FIR regardless of where the crime took place. They must then transfer it to the relevant station. Mention the Lalita Kumari v. Govt. of U.P. (2014) judgment, which makes FIR registration mandatory for cognizable crimes.

3. Digital Evidence Dismissal The police might say, "Screenshots can be morphed," and refuse to take the complaint.

• The Workaround: Under Section 63 of the Bharatiya Sakshya Adhiniyam (BSA) (which replaced the Evidence Act), electronic records are valid evidence. Offer to provide a self-signed certificate (formerly the 65B certificate) confirming the authenticity of the digital record. Do not delete the original chats/emails from your device.

4. No Woman Officer Available They might ask you to explain your trauma to a room full of male officers.

• The Workaround: This is a direct violation of Section 173 of the BNSS. Politely but firmly state: "The law requires my statement to be recorded by a woman officer. I am happy to wait until she is available or I can go to the nearest All-Women Police Station."

Templates / script

Script: When an officer refuses to file an FIR

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."

Template: Complaint to the SP/SSP (If the local station fails)

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]

Template: RTI for FIR Status

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]:

1. Provide the daily progress report of the investigation conducted till date.
2. Provide the names and designations of the officers responsible for the investigation.
3. Provide a copy of the status report submitted to the Magistrate under Section 193 of the BNSS."

FAQs

Q: Do I have to pay any fees to file an FIR for stalking? 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.

Q: Can I report stalking anonymously? On the National Cyber Crime Reporting Portal, 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).

Q: What if the stalker is a minor (under 18)? 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.

Q: Can I file a complaint if the stalking happened a year ago? 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.

Q: Does "monitoring my Instagram" really count as a crime? 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.

Q: What is the maximum punishment for a first-time stalker? 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.

Q: Can I get protection while the case is going on? If you feel immediate danger, you can apply for a Protection Order under the Protection of Women from Domestic Violence Act (PWDVA) if the stalker is someone you have a "domestic relationship" with (like an ex-partner or relative). For strangers, inform the Investigating Officer (IO) about the threats; they can move to cancel the accused's bail if he tries to contact you.