BNS Section 78
Can a man be punished for repeatedly contacting a woman who shows disinterest?
Short answer
Yes, he can be jailed for up to three years and fined on first conviction, and up to five years and a fine on repeat.
In detail
Under Section 78 of the Bharatiya Nyaya Sanhita, 2023, a man who follows a woman and keeps trying to contact her even after she has clearly shown she is not interested commits the offence of stalking. The law also covers monitoring a woman's use of the internet, email or any electronic communication. If found guilty, the first conviction can lead to imprisonment of any description for a term that may extend to three years, together with a fine. A second or later conviction can result in imprisonment for up to five years, also with a fine. The provision does allow a defence if the conduct was done to prevent or detect crime and the person was entrusted by the State for that purpose, or if it was required by law or a reasonable, justified circumstance. Otherwise, the conduct is punishable as stalking.
Related questions
What actions are defined as 'hurt' under the Bharatiya Nyaya Sanhita?
Hurt means causing bodily pain, disease, or infirmity to any person.
Can a husband be forced to financially support his wife, children, or parents if he refuses?
Yes, a magistrate can order him to pay a monthly allowance and enforce it with fines or up to one month in jail.
If I accidentally hurt a consenting adult during a game, can I be criminally liable?
No, you are not criminally liable if the act was not intended to cause death or serious injury and the adult gave consent.
Can I defend myself even if it might harm a child nearby?
Yes, the law permits you to use private defence even if it risks harming an innocent person during a deadly assault.
People also ask
- What are the exceptions to the stalking provision?
- Does the law differentiate between men and women in stalking offences?
- What penalties apply for a second conviction of stalking?
Not legal advice. This is general legal information, not legal advice. Laws change and every case turns on its own facts — speak to a lawyer about your situation.