How to report stalking and physical threats under Section 78 BNS

1. The Hook

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.

2. What the law actually says

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 (Section 78 BNS)

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:

• 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 covers your DMs, WhatsApp, and even LinkedIn).

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.

Physical Assault and Threats

If the stalker touches you, hits you, or uses a weapon (like the axe attack mentioned), multiple sections kick in:

• Section 115 BNS: Voluntarily causing hurt.
• Section 117 BNS: Voluntarily causing grievous hurt (serious injuries, broken bones, or permanent scarring).
• Section 351 BNS: Criminal intimidation (threatening to kill or injure you).
• Section 109 BNS: Attempt to murder (if the attack was life-threatening).

Your Right to an FIR (Section 173 BNSS)

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:

• Female Officer: Your statement must be recorded by a woman police officer or a woman officer (Section 173(1) BNSS).
• Zero FIR: If the crime happened in one district (say, Ujjain) but you are reporting it in another (say, Bhopal), the police must register a "Zero FIR" and transfer it later. They cannot turn you away.
• Audio-Video Recording: In cases of sexual offences or stalking, the police may record the statement via audio-video means for transparency.

If you're dealing with digital harassment, you should also Cyber Crime reporting portal.

3. Step-by-step playbook

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.

Step 1: Collect your "Receipts"

Evidence is the only thing that turns a "he-said-she-said" into a conviction.

• Digital: Save every screenshot. Do not delete the creepy DMs or the 50 missed calls. If they disappear (like on Snapchat), use another phone to take a photo of the screen.
• Physical: If you are being followed, note down the date, time, and location. If they use a vehicle, try to get the number plate (e.g., MP 04 XX 1234).
• Witnesses: Tell at least two trusted friends or family members exactly what is happening. Their testimony can support your case later.

Step 2: Issue a Formal "Clear Disinterest"

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.

Step 3: Use the Emergency Helplines

If you feel immediate danger:

• Dial 112: The National Emergency Response System.
• Dial 1090: The Women Helpline (active in Madhya Pradesh). This is often faster for stalking cases as the operators are trained to handle gender-based threats.

Step 4: File a Complaint at the Police Station

Go to the nearest Thana. You don't need a lawyer to file an FIR.

• What to bring: Your ID (Aadhar/Voter ID), a written copy of your complaint (keep two copies), and a printout of the evidence/screenshots.
• What to say: "I want to file an FIR under Section 78 of the BNS for stalking and Section 351 for criminal intimidation."
• The Procedure: Ensure a woman officer records your statement. Read the FIR carefully before signing. You are entitled to a free copy of the FIR immediately.

For a deeper dive into this process, see our guide on How to file an FIR (and what to do if police refuse).

Step 5: Use the MP Police Citizen Portal

If you are afraid to go to the station physically, Madhya Pradesh Police allows online complaints.

• Action: Visit the MP Police Citizen Portal.
• Process: Register using your mobile number and upload your complaint. While this may eventually require a visit to the station to sign the FIR, it creates a digital paper trail that cannot be ignored.

Step 6: Request a "Bound Over" (Section 126 BNSS)

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.

Step 7: Seek Support

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.

Browse all civic-action guides

Where it usually breaks

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).

• The Workaround: Remind the officer that stalking under Section 78 BNS is a cognizable offence. This means they are legally bound to register an FIR if the complaint discloses a cognizable crime. Cite the Supreme Court judgment in Lalita Kumari vs. Govt. of UP (2014), which makes FIR registration mandatory in such cases. If they still refuse, tell them you will be sending the complaint to the Superintendent of Police (SP) via registered post under Section 173(4) of the BNSS.

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."

• The Workaround: Insist on a Zero FIR. Under Section 173 of the BNSS, police cannot refuse to record information based on jurisdiction. They must register the Zero FIR (given a serial number '0') and then transfer it to the correct police station themselves.

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.

• The Workaround: You do not have to justify your lifestyle. Politely but firmly state: "I am here to report a crime defined under Section 78 of the BNS. My personal choices do not give anyone the right to stalk or threaten me." If the environment feels hostile, ask for a woman officer to record your statement, as mandated by Section 173(1) BNSS.

4. Disappearing Digital Evidence Stalkers often use "Vanish Mode" on Instagram or delete messages after you’ve seen them.

• The Workaround: Always use a second phone to take a photo of the screen if you suspect "View Once" media or disappearing chats are being sent. If the messages are already gone, mention the exact handles, dates, and times in your complaint. The police can request data from intermediaries (Meta, Google) during the investigation under Section 94 of the BNSS.

Templates / script

Script for talking to the Duty Officer

"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."

FIR Draft Template (Copy-Paste and Edit)

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:

1. Since [Date/Time], a person named [Name of Stalker, or "Unknown person using ID @handle"] has been repeatedly following me/contacting me despite my clear disinterest.
2. I have clearly told the person to stop on [Date], but the harassment has escalated.
3. [Describe specific incidents: e.g., "On June 5th, at 6 PM, he followed me from my college to the bus stop and threatened to hurt me if I didn't talk to him."]
4. This has caused me immense mental agony and I fear for my physical safety.

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]

Email to the SP (If the local police refuse the FIR)

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.

FAQs

1. Does stalking only apply if he touches me? 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).

2. Can I get a lawyer if I can’t afford one? 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.

3. Will my name be in the newspapers? 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.

4. Is the stalker going to get bail immediately? 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.

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

6. How much does it cost to file an FIR? Zero. Filing an FIR is a free service. You are also entitled to a free copy of the FIR immediately after it is registered. If an officer asks for "processing fees" or "petrol money," they are asking for a bribe—report this to the Vigilance department or the SP.