BNS 78 — Stalking.

Bharatiya Nyaya Sanhita, 2023

Statutory text

78. (1) Any man who—
(i) follows a woman and contacts, or attempts to contact such
woman  to  foster  personal  interaction  repeatedly  despite  a  clear
indication of disinterest by such woman; or
(ii) monitors the use by a woman of the internet, e-mail or any
other form of electronic communication,
commits the offence of stalking:
Provided that such conduct shall not amount to stalking if the man
who pursued it proves that—
(i)  it  was  pursued  for  the  purpose  of  preventing  or  detecting
crime and the man accused of stalking had been entrusted with the
responsibility of prevention and detection of crime by the State; or
(ii)  it  was  pursued  under  any  law  or  to  comply  with  any
condition or requirement imposed by any person under any law; or
(iii)   in   the   particular   circumstances   such   conduct   was
reasonable and justified.
(2)  Whoever  commits  the  offence  of  stalking  shall  be  punished  on
first  conviction  with  imprisonment  of  either  description  for  a  term  which
may extend to three years, and shall also be liable to fine; and be punished
on  a  second  or  subsequent  conviction,  with  imprisonment  of  either
description for  a  term  which  may  extend  to  five  years,  and  shall also  be
liable to fine.
Word, gesture or act intended to insult modesty of a woman.

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