Home
Legal Advice
Criminal
What is the punishment for stalking in India?

What is the punishment for stalking in India?

15-Jul-2026

Criminal

Answer By law4u team

In India, stalking is a criminal offence mainly covered under Section 78 of the Bharatiya Nyaya Sanhita, 2023 (earlier Section 354D IPC). 1. What is stalking in law Stalking includes: Repeatedly following or contacting a person against their will Monitoring someone through the internet, social media, or electronic communication Persistently trying to communicate despite clear disinterest Cyberstalking (online tracking, messaging, harassment) 2. Punishment for stalking (first offence) If a person is convicted for stalking: Imprisonment up to 3 years, and Fine (as decided by the court), or both 3. Punishment for repeated offence If the same person is convicted again for stalking: Imprisonment up to 5 years, and Fine 4. Exceptions (when it is not treated as stalking) Certain actions are not considered stalking if: Done for preventing or detecting crime by police Done under legal duty or court order Done as part of reasonable investigation or surveillance authorized by law 5. Cyberstalking (online harassment) If stalking happens through: Social media Emails or messaging apps Fake accounts or digital tracking Then it can also attract provisions under: IT Act, 2000 (cyber harassment, identity misuse, privacy violation) Additional criminal charges depending on severity 6. Legal remedies for victim A victim can: File FIR at police station or cybercrime cell Apply for protection orders in court Seek blocking or removal of accounts/content Request police monitoring or restraining action 7. Key legal principle Stalking is treated seriously because it violates: Right to privacy Right to dignity and safety under Article 21 of the Constitution In summary: Stalking in India is punishable with up to 3 years imprisonment for the first offence and up to 5 years for repeat offences, along with fine, and includes both physical and online harassment.

Answer By Anik

Dear Client, The offense of stalking in India is currently governed by Section 78 of the Bhartiya Nyaya Sahita 2023 which replaced the Indian Penal Code under Section 78 of the BNS stalking is define by two perspectives firstly physical stalking when a man repeatedly follows a woman and contacts or attempts to contact her to foster personal interaction despite a clear indication of disinterest from her and secondly cyber stalking that is when a man monitors a woman’s use of the Internet email or any other form of electronic communication without her consent the law provides exceptions where such conduct does not amount to stalking specifically if the actions were pursued for the purpose of preventing or detecting a crime. The penalties for stalking under the BNS are structured based on the number of convictions for first conviction imprisonment of either description that is rigorous or simple for a term that makes extend to three years and the offender shall also be liable to a fine for second or subsequent conviction imprisonment of either description for a term that may extend to five years and the offender shall also be liable to fine. The police are empowered to register an FIR and initiate an investigation without requiring a warrant from a magistrate in case of stalking Moreover a first time offense or stalking is generally available meaning the accused can claim bail as a right however for a second or subsequent conviction the offense becomes non bailable. I hope this answer helps, if you have any further query kindly do not hesitate to contact us. Thankyou

Answer By Ayantika Mondal

Dear Client, According to the Indian Penal Code, the crime of stalking falls under Section 78 of the Bharatiya Nyaya Sanhita (BNS) of 2023. The offence generally arises in a situation where a male pursues a female person repeatedly and harasses her over the phone and other media despite her rejection or disinterest. The punishment for stalking is dependent on the previous criminal record of the accused person. In the case of the first offence, the person can be punished with imprisonment for a period of up to three years along with a fine; thus, this is a bailable offence. In the case of the second offence or any subsequent conviction, the accused person can be punished with imprisonment for a period of at least five years along with a fine; thus making it a non-bailable offence. The exceptions to the law include actions performed under lawful authority or actions that can be considered reasonable under certain conditions. Since circumstances can vary in every case, it is recommended to contact a professional lawyer for sound advice. I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you