BNS Section 78- Stalking | Bharatiya Nyaya Sanhita 2023
Hello readers! Today, we are going to break down Section 78 of the new Bharatiya Nyaya Sanhita (BNS) 2023. If you've been wondering what exactly this section covers and how it impacts our legal system, you're in the right place.
Bare Act Text
Stalking.—(1) Any man who—
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
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—
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
it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
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.
Procedural Details
Punishment
Imprisonment up to Three Year(s) + Fine
Nature of Offense
Cognizable
Bail Eligibility
Non-bailable
Compoundability
Non-Compoundable (Refer to BNSS 359 for exceptions)
Trial Court
Magistrate First Class
Frequently Asked Questions about BNS Section 78
What is Section 78 of the Bharatiya Nyaya Sanhita (BNS)?
According to the official bare act, this legal offense is defined as: Stalking.—(1) Any man who—
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
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—
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
it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
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.
What is the punishment under BNS Section78 ?
The punishment for this specific offense is outlined under the new law as: Imprisonment up to Three Year(s) + Fine
Is BNS Section 78 bailable or non-bailable?
Under the new legal framework, this specific offense is classified as a Non-bailableoffense.
Is BNS Section 78 a cognizable offense?
The legal status regarding police arrest without a warrant is that this offense isCognizable.
Which court has the jurisdiction to try cases under BNS Section 78 ?
Cases pertaining to this specific BNS section are triable by the Magistrate First Class.
Can BNS Section 78 be compromised (Compoundable)?
The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to BNSS 359 for exceptions).
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