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IPC Section 354D in BNS: Section 78

Stalking

Section 354D of the Indian Penal Code, 1860 (Stalking) corresponds to Section 78 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 78(2) is cognizable, bailable, triable by Any Magistrate; punishment: Imprisonment up to 3 years and fine.

Bail, cognizability and punishment

SectionOffencePunishmentCognizableBailableTriable by
78(2)Stalking.Imprisonment up to 3 years and fine.CognizableBailableAny Magistrate
78(2)Second or subsequent conviction.Imprisonment up to 5 years and fine.CognizableNon-bailableAny Magistrate

Source: BNSS, 2023, First Schedule, Part I.

The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.

Text of BNS Section 78

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.

Full BNS Section 78 and every IPC section it replaced →

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