How to report stalking and harassment in Delhi under BNS Section 78

Hook

You’re walking out of a bar in Hauz Khas Village (HKV) at 11:30 PM. The narrow, dimly lit lane leading to the parking lot feels longer than usual. You notice two guys who were at the table next to yours are now following you. They aren’t just walking the same way; they’re matching your pace, making loud comments about your outfit, and laughing when you look back. You reach your cab, but they linger, taking photos of the number plate. This isn’t just an "awkward encounter" or a "Delhi thing"—it is a criminal offence. Whether it’s physical following or persistent unwanted digital attention, the law is designed to stop this before it escalates. You don't have to "just ignore it."

What the law actually says

Since July 1, 2024, India’s criminal laws have transitioned from the IPC to the Bharatiya Nyaya Sanhita (BNS). For harassment and stalking, three specific sections are your primary shields:

1. Stalking (Section 78 of the BNS): This section defines stalking as any man who follows a woman and contacts, or attempts to contact her, to foster personal interaction repeatedly despite a clear indication of disinterest. Crucially, it also covers digital stalking—monitoring a woman’s use of the internet, email, or any electronic communication. If someone is spamming your DMs after you’ve blocked them or tracking your location, it falls under Section 78.
2. Assault or Criminal Force with Intent to Outrage Modesty (Section 74 of the BNS): This is for more direct physical threats or actions that violate your dignity. It carries a mandatory minimum imprisonment of one year, which can extend to five years, plus a fine.
3. Word, Gesture, or Act Intended to Insult Modesty (Section 79 of the BNS): This covers what is commonly called "eve-teasing." If someone uses specific words, makes sounds, or exhibits objects (including digital media) to insult your modesty, they are liable under this section.

When it comes to reporting, the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 governs the procedure. Under Section 173 of the BNSS (which replaced Section 154 of the CrPC), the police are mandated to register an FIR for cognizable offences. For crimes against women, the law is even more stringent: Section 173(1) proviso (a) states that the information must be recorded by a woman police officer. Furthermore, the Supreme Court in Lalita Kumari vs. Govt. of UP (2014) ruled that registration of an FIR is mandatory if the information discloses the commission of a cognizable offence.

Step-by-step playbook

1. The "Safe Zone" Exit

If you are being followed in a place like HKV, do not head straight for a deserted parking lot or a dark side-street.

• Action: Turn back into the nearest crowded cafe, retail store, or approach a bouncer/security guard at a major club entrance.
• Delhi Specific: Head towards the main HKV entry gate where there is usually a heavy police presence or a PCR van parked near the deer park entrance.
• Timeline: Immediate.

2. Create a Digital Trail (The 112 Call)

Don't wait until you get home to report the incident.

• Action: Call 112 (the all-in-one emergency helpline). When you call 112, the call is recorded, and a "dispatch event" is created. This makes it much harder for local police to ignore the incident later because there is a centralised record of your distress call.
• What to say: "I am at [Location]. I am being followed/harassed by [number of people]. I feel unsafe. I need a PCR van."
• App Alternative: Use the Himmat Plus App (Delhi Police). Pressing the SOS button sends your location and audio/video to the Delhi Police Control Room.

3. Documenting the "Pichha"

If it is safe to do so, gather evidence. This will be the backbone of your FIR.

• What to collect: Vehicle numbers, descriptions of clothing, and the exact time of the incident. If the harassment is happening online, take screenshots of the profile, the messages, and the timestamps before they can be deleted.
• Note: If you are being stalked online, check our guide on the Cyber Crime reporting portal.

4. Filing the FIR at the Thana

You do not have to go to the police station immediately if you are shaken, but you should go as soon as possible. For HKV, the relevant station is usually Safdarjung Enclave Police Station or Hauz Khas Police Station.

• The Zero FIR: If the police claim the incident happened outside their "boundary," remind them of Section 173 of the BNSS. They are legally required to file a Zero FIR and then transfer it to the correct station later. Do not let them send you away.
• Demand a Woman Officer: Under Section 173(1) of the BNSS, you have the right to have your statement recorded by a woman officer.
• Get Your Copy: Once the FIR is signed, you are entitled to a free copy of it immediately. Ensure the sections (e.g., BNS Section 78 for stalking) are mentioned correctly. For more details, see How to file an FIR (and what to do if police refuse).

5. Recording the Statement (Section 183 BNSS)

For offences like stalking and harassment, the police must produced you before a Judicial Magistrate to record your statement under Section 183 of the BNSS (formerly Section 164 CrPC).

• Why it matters: This statement is recorded before a judge, not just the police, and carries significantly more weight during the trial. It ensures your version of the story is preserved early on.
• Timeline: Usually within 24–48 hours of the FIR registration.

6. Managing the Aftermath

Reporting a crime is mentally draining. If the incident has left you feeling anxious or triggered, reach out for professional support. You can find vetted resources in our guide to Mental health helplines (iCall, Vandrevala, NIMHANS).

To see more ways to take charge of your safety and rights, Browse all civic-action guides.

Where it usually breaks

Reporting stalking in Delhi isn't always as smooth as the law suggests. You will likely encounter "friction points" where the system tries to slow you down. Here is how to push back:

1. The "Samjhauta" (Compromise) Trap: The most common failure mode is the police officer trying to act as a "counsellor" rather than a law enforcer. They might say, "Bacche hain, career kharab ho jayega" (They are kids, their careers will be ruined) or ask you to just let them go with a warning.

   • The Workaround: Politely but firmly state: "I am not here for a settlement. I want to register a formal complaint under Section 78 of the BNS." If they persist, remind them that under the Lalita Kumari vs. Govt. of UP (2014) Supreme Court judgment, they are legally bound to register an FIR if your statement discloses a cognizable offence.

2. The Jurisdiction Ping-Pong: If the incident happened in Hauz Khas but you went to a station in Saket, the officer might tell you to "go to the right station."

   • The Workaround: Demand a Zero FIR. Under Section 173 of the BNSS, you can file an FIR at any police station regardless of where the crime happened. They must register it, give it a serial number '0', and then transfer it to the relevant station themselves.

3. The "No Woman Officer" Excuse: Section 173(1) of the BNSS specifically requires that for crimes like stalking and harassment, the information must be recorded by a woman police officer. If the station claims one isn't available, they might ask you to "come back tomorrow."

   • The Workaround: Do not leave. It is the station's responsibility to call a woman officer from the district pool or a nearby station. Use the 112 helpline while standing inside the station to report that a woman complainant is being denied service due to the absence of female staff. This creates an immediate digital log that the SHO (Station House Officer) will have to explain.

4. Digital Evidence Dismissal: If you’re reporting online stalking, officers might dismiss screenshots as "easily faked" or claim they can't track someone using a VPN or a fake ID.

   • The Workaround: Insist on the complaint being forwarded to the Cyber Cell. Mention that under Section 78(2) of the BNS, monitoring a woman’s internet use is a specific criminal act. Provide the screenshots in a printed format and offer to provide the digital files via email or a pen drive for forensic verification.

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Templates / script

Script: When the officer refuses to file an FIR

You: "Sir/Ma'am, I am here to report a cognizable offence of stalking under Section 78 of the BNS. Here is my written complaint." Officer: "Take it easy, we will just call his parents. Why file an FIR?" You: "I appreciate the suggestion, but the law is clear. As per the Supreme Court’s directions in the Lalita Kumari case, you are required to register an FIR when a cognizable offence is reported. If you cannot do it, please give me a written 'rejection memo' stating the reasons why, so I can approach the DCP (Deputy Commissioner of Police)." (Usually, the mention of the 'Lalita Kumari' case and the DCP is enough to get the process moving.)

Template: Formal Complaint for Stalking

To, The Station House Officer, [Name of Police Station, e.g., Safdarjung Enclave], New Delhi.

Subject: Complaint regarding stalking and harassment under Section 78 and 79 of the BNS.

Sir/Ma’am,

I, [Your Name], aged [Age], resident of [Your Address], wish to report an incident of stalking.

On [Date] at approximately [Time], I was at [Specific Location, e.g., HKV Parking Lot]. [Describe the incident: "Two men in a white Swift, Registration No. DL XX XXXX, followed me for 20 minutes. They made suggestive gestures and blocked my path twice despite me telling them to leave."]

I have [mention evidence: screenshots/photos/video/witness names]. This incident has caused me significant mental distress and fear for my safety.

I request you to register an FIR under Section 78 (Stalking) and Section 79 (Word, gesture or act intended to insult the modesty of a woman) of the Bharatiya Nyaya Sanhita (BNS) and initiate an investigation.

Sincerely, [Your Name] [Your Phone Number] [Date]

Template: RTI for FIR Status

If 48 hours pass and you haven't received an update, file an RTI on rtionline.gov.in (Select Delhi Police).

Text for RTI: "With regard to the complaint filed by [Your Name] at [Police Station Name] on [Date] regarding stalking (Diary/GD No: [Number]), please provide:

1. The current status of the investigation.
2. A certified copy of the FIR registered, if any.
3. If no FIR was registered, provide the file notings and reasons recorded by the SHO for the same as per Section 173 of the BNSS."

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FAQs

Q1: Do I have to pay any fee to file an FIR? No. Filing an FIR is absolutely free. Under Section 173(2) of the BNSS, the police are legally required to give you a copy of the FIR immediately, free of cost. If they ask for money for "photocopying" or "stationery," it is a bribe. Report it to the Delhi Police Vigilance helpline at 1064.

Q2: Can I report stalking anonymously? You can report a crime via the "Report Anonymous" feature on some portals, but for the police to file a criminal case (FIR) and arrest someone, a complainant’s statement is usually necessary. However, under Section 72 of the BNS (and previously Section 228A IPC), it is a crime for anyone to print or publish your name or identity in relation to these offences without your permission.

Q3: What if I am being stalked by someone I used to date? The law still applies. Section 78 of the BNS does not exempt ex-partners. If you have clearly told them to stop contacting you and they continue to follow you or monitor your digital life, it is stalking. "Personal interaction" being forced after a "clear indication of disinterest" is the key legal trigger.

Q4: Can I file the report online without going to the station? Yes, for "Lost Reports" or "Theft," but for stalking, you should use the Delhi Police Cyber Cell portal (for online stalking) or the Himmat Plus App. While you can submit a complaint online, the police will eventually call you to the station or come to your residence to verify your statement before converting it into a formal FIR.

Q5: What happens if the stalker is a minor? If the person stalking you is under 18, the BNS still applies, but the procedures of the Juvenile Justice (Care and Protection of Children) Act, 2015 kick in. They won't be put in a regular jail but can be sent to a shared observation home and will face proceedings before a Juvenile Justice Board (JJB).

Q6: Can I withdraw the FIR later if the person apologises? Stalking under Section 78 BNS is a "cognizable" offence. For the first offence, it is "bailable" (the accused can get bail at the police station), but it is generally not "compoundable" (you can't just 'withdraw' it like a simple contract). You would need to approach the Delhi High Court under Section 528 of the BNSS (formerly Section 482 CrPC) to quash the FIR based on a settlement.