Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 78: Stalking
(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.
Brief Detail
BNS Section 78 defines stalking as specific actions by a man that involve repeatedly following or contacting a woman despite clear indications of disinterest, or monitoring her online activity. Exceptions exist if the act was in pursuit of crime prevention, compliance with legal conditions, or if the conduct is deemed reasonable. First-time offenders may face imprisonment for up to three years, while repeat offenders may be sentenced to up to five years.
Question & Answers
Q1: What constitutes the offense of stalking under BNS Section 78?
A: Under BNS Section 78, stalking includes a man following a woman and attempting to initiate contact despite her disinterest, or monitoring her internet and electronic communications.
Q2: Are there any exceptions to the offense of stalking?
A: Yes, stalking does not apply if the accused was involved in crime prevention, acting under legal requirements, or if the actions were reasonable and justified in the specific situation.
Q3: What is the punishment for a first conviction of stalking?
A: A first conviction of stalking may result in imprisonment for up to three years and a fine.
Q4: What are the penalties for repeat offenders of stalking?
A: For a second or subsequent conviction, the punishment may extend to five years of imprisonment, along with a fine.
Example
Example 1:
A man repeatedly contacts a woman on social media despite her clear indication that she is not interested in engaging with him. This action constitutes stalking under BNS Section 78.
Example 2:
A police officer monitors a woman’s electronic communication as part of an investigation into a crime. Since the officer is engaged in crime prevention, this does not amount to stalking under the provided exceptions in BNS Section 78.
Summary
BNS Section 78 addresses stalking, specifying what actions constitute the offense and outlining exceptions when the actions are part of crime prevention or legal compliance. It imposes penalties ranging from three to five years of imprisonment depending on the number of offenses.
