Faced catcalling or stalking? Learn how to use the Bharatiya Nyaya Sanhita (BNS) and the 112 India app to take action against street harassment and public safety threats.
You are walking home from a late-night movie or just hanging out at a tea stall with your friends. Suddenly, a group of guys starts passing comments, following you at a distance, or making gestures that make your skin crawl. That "wtf man" feeling isn't just discomfort; it is a violation of your right to public space. Most of us ignore it because we think the police won't care or that the process is a nightmare. But staying silent often emboldens the harasser. Whether it is catcalling, persistent following, or physical intimidation, Indian law has specific tools to help you push back. This guide breaks down how to move from feeling helpless to taking documented legal action.
Since July 1, 2024, the old Indian Penal Code (IPC) has been replaced by the Bharatiya Nyaya Sanhita (BNS). The rules regarding street harassment and stalking are now clearer, though the language remains focused on the protection of women.
Formerly Section 509 of the IPC, Section 79 of the BNS deals with "word, gesture or act intended to insult the modesty of a woman." If someone utters a lewd remark, makes a sound, exhibits an object, or makes a gesture intended to be heard or seen by a woman to insult her modesty, they can be punished with up to three years in prison and a fine.
Formerly Section 354D of the IPC, Section 78 of the BNS defines stalking. 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. It also covers monitoring her use of the internet, email, or any other form of electronic communication. A first conviction can lead to 3 years in jail; a second conviction can go up to 5 years.
Formerly Section 354 of the IPC, Section 74 of the BNS covers "assault or use of criminal force to woman with intent to outrage her modesty." This applies if the harassment becomes physical—like someone grabbing your arm or blocking your path aggressively. This is a non-bailable offence with a minimum punishment of one year, extending up to five years.
Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaced the CrPC, Section 173 mandates that the police must register an FIR for cognizable offences. Furthermore, the Supreme Court in Lalita Kumari vs. Govt. of U.P. (2014) ruled that if a complaint discloses a cognizable offence (like those under BNS 74 or 78), the police have no choice but to register an FIR immediately. If you are not in your local jurisdiction, you can file a Zero FIR under Section 173(1) of the BNSS at any police station, and they are legally bound to transfer it to the relevant station later.
If you are currently being followed or harassed, do not wait to reach home to take action.
Do not put yourself in danger to get a video, but if you can do so safely, document the incident.
You don't need a lawyer to file an FIR.
Once the police record your statement, they will enter it into the system.
Reporting harassment is mentally draining. It is normal to feel anxious or "on edge" after an incident. If you're feeling overwhelmed, reach out to professional support. You can find verified numbers in our list of Mental health helplines (iCall, Vandrevala, NIMHANS).
If you want to explore more ways to hold authorities accountable or learn about other rights, Browse all civic-action guides.
The law looks great on paper, but the "Thana" (police station) experience can be intimidating. Here is where the process usually hits a wall and how you can push through:
The Failure: The officer might try to play "big brother" or "uncle," telling you that filing an FIR will "ruin the boy’s career" or that you should just accept an apology. They might even call your parents to pressure you into dropping it. The Workaround: Stand your ground. Remind the officer that under Section 74 of the BNS, the offence is non-bailable and serious. If they refuse to register the FIR, tell them you are aware of the Lalita Kumari vs. Govt. of U.P. (2014) Supreme Court judgment, which makes it mandatory for them to register an FIR if a cognizable offence is reported. If they still budge, use the "Step 4" escalation in the playbook—send the complaint to the SP via registered post.
The Failure: "This happened in the next colony, go to that police station." This is a classic tactic to avoid paperwork. The Workaround: Under Section 173(1) of the BNSS, you have the right to file a Zero FIR at any police station regardless of where the incident happened. The police are legally bound to record your complaint, mark it as "Zero," and then transfer it to the correct station themselves. Do not leave until they give you a copy of the Zero FIR (which is free of cost).
The Failure: You arrive at the station and are told to "come back tomorrow" because there are no female officers on duty. The Workaround: Under the proviso to Section 173(1) of the BNSS, information relating to offences under Sections 74, 78, or 79 of the BNS must be recorded by a woman police officer. If one isn't present, they are required to call one from a nearby station or the Women’s Cell. Do not record your statement with a male officer if it makes you uncomfortable; it is your legal right to wait for a woman officer.
The Failure: State-level "E-FIR" portals often crash or don't have the updated BNS sections yet. The Workaround: Don't rely solely on the app if it’s glitching. Take a printout of your complaint, go to the station in person, and get a "Received" stamp on a photocopy of your complaint. This physical "acknowledgement" is a legal document that proves you reported the crime.
Use this if you are going to the station or sending a letter to the SP.
To, The Station House Officer (SHO), [Name of Police Station], [City/District] [Date]
Subject: Complaint regarding stalking and harassment under BNS Sections 78 and 79.
Respected Sir/Madam,
I, [Your Name], daughter of [Parent's Name], residing at [Your Address], wish to report an incident of [stalking/harassment] that occurred on [Date] at approximately [Time] near [Location/Landmark].
Description of Incident: [Describe what happened clearly. Example: A man on a black bike (No. DL XX XXXX) followed me for 2 kilometres. When I stopped at a shop, he made lewd gestures and used abusive language intended to insult my modesty.]
Description of Accused: [Approximate age, clothes, vehicle details, or "Unknown"].
I request you to register an FIR under Sections 78 and 79 of the Bharatiya Nyaya Sanhita (BNS) and initiate an investigation. As per Section 173 of the BNSS, I also request a free copy of the FIR.
Sincerely, [Your Signature] [Your Phone Number]
If the officer says, "Beta, rehne do, chhota mamla hai" (Let it be, it's a small matter):
You: "Sir, I understand your perspective, but this is a serious violation of my safety. Under the Supreme Court’s ruling in Lalita Kumari vs. Govt. of U.P., the police are mandated to register an FIR for cognizable offences like stalking (Section 78 BNS). I would like my statement to be recorded by a woman officer as per Section 173 of the BNSS. If you cannot file it here, please register a Zero FIR and I will follow up with the relevant station."
For online cyber-stalking (BNS Section 78) at cybercrime.gov.in:
Incident Category: Women/Child Related Crime Sub-Category: Stalking/Harassment Description: [Name of social media handle/Phone number] has been repeatedly messaging me despite my clear disinterest and 'block' actions. This is causing me mental agony. Attached are screenshots of the messages and the profile URL.
No. You do not need a lawyer to report a crime or file an FIR. The police are duty-bound to record your statement. However, if the case goes to trial, the State will provide a Public Prosecutor, or you can hire a private lawyer to assist the prosecutor. For initial reporting, just bring your ID and any evidence you have.
Yes. Most street harassment complaints are filed against "Unknown Persons." Provide as many descriptors as possible—height, build, clothing, vehicle colour, or any birthmarks/tattoos. The police can use CCTV footage from the area to identify the suspect.
If you are above 18, the police are not legally required to inform your parents, but they often do for "verification." If you are a minor (under 18), the police must involve a guardian or a Child Welfare Committee (CWC) representative. If you fear for your safety at home, tell the woman officer; they can involve an NGO or a counsellor.
Zero. Filing an FIR is a free service. 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 an officer asks for "stationery charges" or "petrol money," that is a bribe and is illegal.
Section 79 covers verbal abuse, lewd comments, or gestures (insulting modesty). Section 78 (Stalking) is specifically for someone following you, repeatedly trying to contact you against your will, or monitoring your online activity. Often, a single incident of street harassment can be charged under both sections.
If the police find enough evidence and file a charge sheet, the case goes to trial. You will be called as a witness to testify about what happened. While this sounds scary, it is the final step in ensuring the harasser faces legal consequences. You can request the court for "in-camera" proceedings (private hearings) if the case involves sensitive details.
Threatening a witness or a complainant is a separate criminal offence. Immediately inform the Investigating Officer (IO) or the SHO. Under the BNSS, the court can cancel the accused's bail if they try to intimidate you. You can also call the 112 emergency line for immediate protection.
No. You do not need a lawyer to report a crime or file an FIR. The police are duty-bound to record your statement. However, if the case goes to trial, the State will provide a Public Prosecutor, or you can hire a private lawyer to assist the prosecutor. For initial reporting, just bring your ID and any evidence you have.
Yes. Most street harassment complaints are filed against "Unknown Persons." Provide as many descriptors as possible—height, build, clothing, vehicle colour, or any birthmarks/tattoos. The police can use CCTV footage from the area to identify the suspect.
If you are above 18, the police are not legally required to inform your parents, but they often do for "verification." If you are a minor (under 18), the police *must* involve a guardian or a Child Welfare Committee (CWC) representative. If you fear for your safety at home, tell the woman officer; they can involve an NGO or a counsellor.
Zero. Filing an FIR is a free service. 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 an officer asks for "stationery charges" or "petrol money," that is a bribe and is illegal.
Section 79 covers verbal abuse, lewd comments, or gestures (insulting modesty). Section 78 (Stalking) is specifically for someone following you, repeatedly trying to contact you against your will, or monitoring your online activity. Often, a single incident of street harassment can be charged under both sections.
If the police find enough evidence and file a charge sheet, the case goes to trial. You will be called as a witness to testify about what happened. While this sounds scary, it is the final step in ensuring the harasser faces legal consequences. You can request the court for "in-camera" proceedings (private hearings) if the case involves sensitive details.
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