BNS Section 78

BNS Section 78 deals with the offense of stalking. It defines stalking as repeatedly following a person, attempting to establish contact despite their clear disinterest, or monitoring their online activity.

(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.

Example:
Vijay repeatedly waits outside Anita's tuition and follows her home, despite her telling him not to. This behavior is stalking and is punishable under this Section. 

Key Points of BNS-78:

1. Definition of Stalking:
 

• Stalking under BNS-78 refers specifically to:
   

1. Repeated Contact and Following:
    

   • A man who persistently follows a woman and repeatedly contacts or attempts to contact her to foster a personal interaction despite the woman’s clear disinterest. This includes any form of unwanted communication or attempts to establish a personal relationship.
      

2. Monitoring Electronic Communication:
    

   • The act of monitoring or tracking a woman’s use of the internet, email, or any other electronic communication method without her consent. This can include unauthorized access to her online activities, surveillance through electronic means, or hacking into her communication channels.
      

2. Exceptions to Stalking:
 

• The behavior described above does not qualify as stalking if the accused proves one of the following:
   

1. Crime Prevention or Detection:
    

   • The conduct was performed with the objective of preventing or detecting crime. Here, the accused must demonstrate that they were legally assigned the responsibility for crime prevention or detection by the State. This means the actions were undertaken as part of their official duties or role in law enforcement or security.
      

2. Legal Compliance:
    

   • The behavior was carried out in compliance with a legal mandate. This includes acting under the authority of any law or adhering to conditions imposed by legal requirements or directives from legal authorities. It implies that the conduct was authorized or necessitated by law.
      

3. Reasonable and Justified Conduct:
    

• In the context of the specific situation, the conduct was reasonable and justified. This is a subjective determination that considers the circumstances under which the actions were taken. The accused must prove that the conduct was appropriate given the context, such as in situations where the actions were necessary to achieve a legitimate purpose or were carried out with valid reasons.
   

3. Punishment for Stalking:
 

• First Conviction:
   

  • For a first offense of stalking, the perpetrator faces imprisonment of either description (rigorous or simple) for a maximum term of three years. In addition to imprisonment, the offender is also liable to pay a fine. This fine amount is not specified but must be determined by the court within legal limits.
     

• Second or Subsequent Convictions:
   

  • If convicted for a second or further offenses of stalking, the punishment is more severe. The offender faces imprisonment of either description for a maximum term of five years. Along with this extended term of imprisonment, the offender will also be required to pay a fine. This reflects the increased severity of the punishment for repeat offenders to deter habitual stalking behavior.
     

Summary

BNS-78 provides a comprehensive framework for addressing stalking, outlining what constitutes stalking, the exceptions where the behavior may not be classified as stalking, and the corresponding punishments. Stalking includes unwanted personal interaction and unauthorized monitoring of electronic communication. The law recognizes exceptions for actions taken in the course of legal duties or under lawful authority and provides escalating penalties for repeat offenders to address the seriousness of persistent stalking behavior.

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