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Section 76 - Stalking (BNS, 2023)

By shagun, 16 April, 2025
stalk

Definition:

A man is said to commit stalking if he follows a woman or contacts her repeatedly despite her clear indication of disinterest, or if he monitors her online activities without consent.

Key Elements of Stalking:

1. Physical or Real-World Stalking:

  • Repeatedly following a woman.
  • Trying to contact her persistently (in person, via phone, messages, etc.) even after she says no.

2. Online or Digital Stalking (Cyberstalking):

  • Monitoring the use of the internet, email, or any form of electronic communication or social media to stalk a woman.

3. Lack of Consent:

  • The actions are done against the woman’s will or without her consent.
  • If she makes it clear that she does not wish to be contacted or followed.

Punishment:

First Offence:

  • Imprisonment: Up to 3 years
  • Fine: Yes
  • Nature: Cognizable and bailable

Second offence:

  • Imprisonment: Up to 5 years
  • Fine: Yes
  • Nature: Cognizable and non-bailable

Exception:

Stalking is not punishable if:

  • It was done to prevent or detect crime.
  • The person can prove that they have lawful authority or justification for their actions.

Purpose of the Law:

Section 76 aims to protect women from harassment, whether in public or online spaces, and promotes safe boundaries and respect for privacy.

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