Indian criminal law | Updated 30 October 2026
IPC Section 354D Stalking: Meaning, Punishment and BNS Section 78
Stalking includes repeated unwanted attempts to contact a woman despite a clear indication of disinterest, and monitoring her use of the internet, email or other electronic communication. The corresponding provision under the Bharatiya Nyaya Sanhita, 2023 (BNS), is Section 78.
What is stalking under IPC 354D and BNS 78?
Under the statutory provision, a man commits stalking if he (a) follows a woman and contacts or attempts to contact her repeatedly to foster personal interaction despite her clear indication of disinterest, or (b) monitors her use of the internet, email or any other form of electronic communication. The wording identifies the prohibited conduct; the facts and evidence determine whether an offence is established.
Repeated unwanted contact can include repeatedly following or approaching a woman after she has clearly indicated that she does not want personal interaction. Electronic monitoring may include monitoring her online communications; the second limb is distinct from repeated physical following.
Section 354D IPC: Statutory substance and its BNS equivalent
Section 354D(1) of the Indian Penal Code, 1860, provided that any man who:
- follows a woman and contacts, or attempts to contact, her to foster personal interaction repeatedly despite a clear indication of disinterest by her; or
- monitors the use by a woman of the internet, email or any other form of electronic communication,
commits stalking, subject to the statutory exceptions set out below. Section 78(1) BNS carries forward these substantive categories of conduct.
Three statutory exceptions to stalking
The statutory proviso excludes conduct where the accused man proves that:
- the conduct was pursued to prevent or detect crime and he was entrusted by the State with responsibility for preventing or detecting crime;
- the conduct was pursued under a law or to comply with a condition or requirement imposed under a law; or
- in the particular circumstances, the conduct was reasonable and justified.
These are fact-dependent statutory exceptions. Merely asserting a personal justification does not automatically establish one.
Punishment for stalking: First and subsequent convictions
| Conviction | IPC Section 354D(2) | BNS Section 78(2) |
|---|---|---|
| First conviction | Imprisonment of either description up to 3 years, and fine | Imprisonment of either description up to 3 years, and fine |
| Second or subsequent conviction | Imprisonment of either description up to 5 years, and fine | Imprisonment of either description up to 5 years, and fine |
The provisions prescribe a maximum term, not an automatic sentence. The sentence in an individual case is determined by the court under applicable law.
Is stalking cognizable and bailable?
Under the procedural classification for BNS Section 78, stalking is cognizable. The first conviction category is bailable, while the second or subsequent conviction category is non-bailable. The offence is triable by a Magistrate of the first class. These classifications should be read with the applicable First Schedule of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and any legally applicable amendments.
A cognizable classification generally permits police to investigate without a magistrate's prior order as provided by law. Bailable and non-bailable classifications concern the legal rules for release on bail; non-bailable does not mean bail is impossible.
Illustrative situations
- Repeated contact: A man repeatedly follows and tries to speak with a woman after she has clearly told him not to contact her. Depending on the evidence, this may fall within the first limb.
- Online monitoring: A man secretly monitors a woman's electronic communications. The second limb may be relevant, depending on the facts.
- Lawful investigation: Monitoring undertaken by a State-authorised investigator for crime prevention or detection may fall within the first statutory exception if its requirements are proved.
These examples explain the law and are not findings that any particular conduct necessarily amounts to an offence.
Related offences and important distinctions
Stalking is different from voyeurism under IPC Section 354C (corresponding to BNS Section 77), which concerns watching, capturing or disseminating images of a woman engaging in a private act. Depending on the facts, threatening messages, sexual harassment, unauthorised access or other conduct may also engage separate criminal or information-technology provisions.
Frequently asked questions
Which BNS section replaces IPC Section 354D?
Section 78 BNS addresses stalking and is the corresponding provision to IPC Section 354D.
Is a first offence of stalking bailable?
Under the BNSS First Schedule classification for BNS Section 78, the first-conviction category is bailable. A second or subsequent conviction falls within the non-bailable category.
Can online stalking be covered?
Yes. Monitoring a woman's use of the internet, email or another form of electronic communication is expressly included in the statutory definition.
What is the punishment for repeat stalking?
A second or subsequent conviction carries imprisonment of either description for a term up to five years and a fine.
Does any attempt to contact a woman amount to stalking?
No. The first statutory limb concerns repeated attempts to foster personal interaction despite a clear indication of disinterest. The second limb separately concerns monitoring electronic communication. The particular facts and statutory exceptions matter.
Official legal references
- India Code - official central legislation portal: consult the Bharatiya Nyaya Sanhita, 2023 (Section 78), the Indian Penal Code, 1860 (Section 354D), and the Bharatiya Nagarik Suraksha Sanhita, 2023 (First Schedule).
- Ministry of Home Affairs: official information and notifications relating to the new criminal laws.
This article is for general legal information. The applicable law and procedure depend on the date of the alleged conduct and the circumstances of the case.