Stalking isn't "romance"—it's a crime. Learn how to use Section 78 of the BNS to report stalkers and get police protection before threats turn into violence.
Imagine a guy following you home from college every day. You block him on Instagram, but he shows up at your coaching centre. Friends might tell you to "just ignore him" or that he’s just "obsessed," but real life isn't a Bollywood movie. In Madhya Pradesh, a teenage girl was recently attacked with an axe and hung from a rooftop by a man who had been stalking her.
Stalking is a gateway crime. It starts with "creepy" messages and often escalates into physical violence. You don't have to wait for things to get dangerous. Whether you are in Bhopal, Indore, or a small village in Rewa, the law gives you the tools to shut this down before it turns into a headline.
As of July 2024, India’s criminal laws have transitioned from the IPC to the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS). Here is the legal breakdown of your protections:
Stalking is no longer just a "nuisance"; it is a specific criminal offence under Section 78 of the BNS (formerly Section 354D of the IPC). It applies if a man:
The Punishment: For the first conviction, the stalker can face up to 3 years in jail and a fine. For a second or subsequent conviction, it goes up to 5 years.
If the stalker touches you, hits you, or uses a weapon (like the axe attack mentioned), multiple sections kick in:
Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the police are legally obligated to register your First Information Report (FIR).
Key rights for women under BNSS:
If you're dealing with digital harassment, you should also Cyber Crime reporting portal.
If you are being followed or threatened, do not wait for the "right time" to act. Follow these steps to build a legal wall around yourself.
Evidence is the only thing that turns a "he-said-she-said" into a conviction.
Section 78 of the BNS requires you to show a "clear indication of disinterest." If it is safe to do so, send one final, clear message: "I am not interested in any contact with you. Stop following me and stop messaging me. If you continue, I will file a police complaint."
Screenshot this message. After this, block them. If they find a new way to contact you, that is your proof of stalking.
If you feel immediate danger:
Go to the nearest Thana. You don't need a lawyer to file an FIR.
For a deeper dive into this process, see our guide on How to file an FIR (and what to do if police refuse).
If you are afraid to go to the station physically, Madhya Pradesh Police allows online complaints.
If the stalker hasn't physically hurt you yet but the threats are real, you can ask the police to initiate proceedings under Section 126 of the BNSS. This allows a Magistrate to make the person sign a "bond" for keeping the peace. If they break the bond by approaching you again, they can be arrested immediately without a new FIR.
The trauma of being hunted by a stalker is immense. Do not carry this alone. You can reach out to Mental health helplines (iCall, Vandrevala, NIMHANS) for anonymous support.
Systems look great on paper, but the ground reality in a local thana can be frustrating. Here is where the process typically hits a wall and how you can push through:
1. The "Samjhauta" (Compromise) Trap Police officers might try to play "big brother" and suggest you "forgive and forget" or let your families settle it. They might say, "Beta, career kharab ho jayega ladke ka" (Child, the boy's career will be ruined).
2. The "Jurisdiction" Excuse You go to report stalking, and the officer says, "This happened near the coaching centre, which falls under the other Thana."
3. Victim Blaming and "Character" Questions You might be asked why you were out late, why you accepted a follow request, or why you wore certain clothes.
4. Disappearing Digital Evidence Stalkers often use "Vanish Mode" on Instagram or delete messages after you’ve seen them.
Copy, fill in the [highlighted] bits, and send.
"Namaste, I want to file an FIR for stalking and criminal intimidation. I am being followed and threatened by [Name/Description]. This is a cognizable offence under Section 78 and Section 351 of the Bharatiya Nyaya Sanhita (BNS). Please call a woman officer to record my statement as per Section 173 of the BNSS."
To, The Station House Officer (SHO), [Name of Police Station], [City/District, MP]
Subject: Complaint regarding Stalking (u/s 78 BNS) and Criminal Intimidation (u/s 351 BNS).
Respected Sir/Madam,
I, [Your Name], daughter of [Father's Name], aged [Age], resident of [Your Address], wish to report the following:
I request you to register an FIR under the relevant sections of the BNS and take immediate action. I have attached screenshots/evidence of the harassment.
Yours faithfully, [Your Name] [Phone Number] [Date]
To: [Email of your District SP - find it on the MP Police website] Subject: Complaint under Section 173(4) BNSS regarding refusal to register FIR.
Dear Sir/Madam, I approached [Name of Police Station] on [Date] to report a case of stalking (Section 78 BNS). The Duty Officer refused to register my FIR. I am attaching my original complaint here. As per Section 173(4) of the BNSS, I request you to investigate this matter or direct the registration of the FIR.
No. Under Section 78 BNS, even "monitoring the use by a woman of the internet, email or any other form of electronic communication" counts as stalking. Following you physically or trying to contact you repeatedly after you said "no" is enough. Physical touch would add more serious charges like Section 115 (Hurt) or Section 74 (Outraging modesty).
Yes. Under the Legal Services Authorities Act, all women are entitled to **free legal aid**, regardless of their income. You can approach the District Legal Services Authority (DLSA) in your city's court complex or visit the [NALSA portal](https://nalsa.gov.in).
Section 72 of the BNS (and Section 366 of the BNSS) prohibits the printing or publication of the name or identity of victims of certain sexual offences. While stalking is often grouped here, you should specifically request the Investigating Officer (IO) and the Magistrate to keep your identity confidential for your safety.
For the **first offence** of stalking under Section 78 BNS, the offence is bailable (the person can get bail at the police station). However, if they are convicted and do it a **second time**, it becomes non-bailable, meaning only a court can grant bail. If they are threatening you while on bail, you can apply to the court to have their bail cancelled.
The law still applies, but they will be processed under the **Juvenile Justice (Care and Protection of Children) Act, 2015**. They will be produced before a Juvenile Justice Board (JJB) rather than a regular criminal court. You should still file the report to ensure there is a legal record and intervention.
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