Stalking Under the BNS (Section 78): IPC 354D Mapping (2026)
What stalking means under Section 78 of the Bharatiya Nyaya Sanhita (BNS), both physical and online, the punishment for a first and a repeat offence, and how it maps to the old Section 354D of the IPC. Last verified October 2026.
Explainer · Criminal Law · BNS
Stalking is now Section 78 of the Bharatiya Nyaya Sanhita, 2023 (BNS), in force from 1 July 2024. It replaces Section 354D of the old Indian Penal Code (IPC). It covers both following a woman in person and watching her online. The punishment is up to three years for a first conviction and up to five years for a second or later one, with a fine in each case. This explainer sets out the ingredients, the punishment, and the old-to-new mapping. Last verified October 2026.
- Provision: stalking, Section 78 of the Bharatiya Nyaya Sanhita, 2023.
- Old law: it replaced Section 354D of the Indian Penal Code (in force from 1 July 2024).
- Covers: repeated unwanted following or contact, and monitoring a woman’s use of the internet or electronic communication.
- Punishment: up to 3 years for a first conviction; up to 5 years for a repeat conviction; fine in each case.
- Status: cognizable; first offence bailable, repeat offence non-bailable; triable by any Magistrate (confirm from the BNSS First Schedule).
01What Section 78 of the BNS covers
Section 78 of the BNS punishes a man who stalks a woman. It covers two kinds of conduct.
- Physical stalking: following a woman and contacting, or attempting to contact, her to foster personal interaction repeatedly, even though she has clearly shown she is not interested.
- Online or electronic stalking: monitoring the woman’s use of the internet, email, or any other form of electronic communication.
The heart of the offence is a repeated, unwanted attempt at contact or monitoring after the woman has signalled disinterest. A single casual approach is not stalking. A pattern of pursuit, online or offline, can be.
Stalking under Section 78 is about repeated, unwanted pursuit, whether the accused follows the woman in the street or watches what she does online.
02The exceptions
The section builds in defences. The conduct is not stalking if the man proves that:
- he pursued it to prevent or detect crime, and he had been entrusted with that responsibility by the State; or
- he pursued it under a law, or to comply with a condition or requirement imposed by a person under a law; or
- in the particular circumstances, the conduct was reasonable and justified.
These exceptions matter in practice. They protect, for example, lawful investigation and genuine, reasonable contact, so that ordinary conduct is not swept in.
03Old to new: IPC 354D becomes BNS 78
Section 78 of the BNS replaces Section 354D of the IPC, which was itself added in 2013 to make stalking a specific offence.
| Old law (IPC) | New law (BNS) | Topic |
|---|---|---|
| Section 354D | Section 78 | Stalking (physical and online) |
The ingredients, the exceptions, and the two-tier punishment carry over. So judgments decided under Section 354D of the IPC remain useful for reading Section 78.
04Punishment and classification
The punishment is set in two tiers.
- First conviction: imprisonment of either description for a term which may extend to three years, and a fine.
- Second or subsequent conviction: imprisonment of either description for a term which may extend to five years, and a fine.
On classification, stalking is a cognizable offence. The first offence is bailable, and a second or subsequent offence is non-bailable. It is triable by any Magistrate. In plain terms, a repeat offender finds it harder to get bail as of right.
05What changed from the old law
Section 78 of the BNS carries the old Section 354D of the IPC forward with the same ingredients, exceptions, and punishment. The substance is unchanged.
The change is one of setting and numbering. The offence now sits in the BNS, the procedure runs under the Bharatiya Nagarik Suraksha Sanhita, 2023, and evidence is governed by the Bharatiya Sakshya Adhiniyam, 2023. For a practitioner the change is practical: use the new section number in the FIR, charge sheet, and charge, while still relying on the body of case law built under Section 354D.
For related offences against women under the new code, see Section 77 on voyeurism, Section 75 on sexual harassment, and Section 74 on outraging modesty.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Stalking cases under Section 78, and under the old Section 354D, are charged and litigated in trial courts across India, and online conduct is now a common fact pattern. To run such a case you need to see how courts read repeated contact, monitoring, and the exceptions, and you need to track the live matter. With Claw you can search 30 crore+ judgments and orders by section, party, or advocate, with results in under 5 seconds, and track live cases across 9,102 courts, benches, and tribunals, with automatic updates, cause lists, and WhatsApp and email alerts. See how case search works across Indian courts for more.
Claw does not file a case for you and does not replace legal advice. Claw does not use customer case documents to train AI models. There is a free plan for individual advocates. Create a FREE Claw account to search and track cases under this section by party or advocate name.
07Sources and further reading
- India Code (official text of central Acts): indiacode.nic.in
- Ministry of Home Affairs (the three new criminal laws): mha.gov.in
- Text of BNS Section 78: devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text of the section and the BNSS First Schedule, and take advice from counsel, before you act.
08Frequently asked questions
What is Section 78 of the BNS?
Section 78 of the Bharatiya Nyaya Sanhita, 2023 is the offence of stalking. It covers repeatedly following or contacting a woman despite her clear disinterest, and monitoring her use of the internet or electronic communication. It replaced Section 354D of the IPC from 1 July 2024.
Which IPC section is now BNS Section 78?
Section 354D of the Indian Penal Code, which was added in 2013. The BNS re-enacts it as Section 78 with the same ingredients, exceptions, and punishment.
What is the punishment for stalking under BNS Section 78?
A first conviction carries imprisonment up to three years and a fine. A second or subsequent conviction carries imprisonment up to five years and a fine.
Does Section 78 cover online stalking?
Yes. Section 78 expressly covers monitoring a woman’s use of the internet, email, or any other form of electronic communication, not just following her in person.
Is stalking under BNS 78 bailable?
It is cognizable. A first offence is bailable, and a second or subsequent offence is non-bailable, going by the current classification. It is triable by any Magistrate. Confirm from the BNSS First Schedule in force on the date of the case.
Can I find stalking cases under BNS 78 or IPC 354D in Claw?
Yes. Claw lets you search 30 crore+ judgments and orders by section, party, or advocate in under 5 seconds, and track live cases across 9,102 courts, benches, and tribunals. It does not file a case or give legal advice.