Criminal LawSection 78, Bharatiya Nyaya Sanhita, 2023

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.

Reviewed by LegalX Editorial · 3 September 2026View source

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