Section 78 BNS: Cyberstalking, Gender And Digital Evidence In Contemporary India
- IJLLR Journal
- Apr 6
- 2 min read
Rucha Kankal, Pravin Gandhi College of Law
Introduction
Cyberstalking and online harassment have emerged as pressing challenges under India’s new criminal laws. The Bharatiya Nyaya Sanhita, 2023 (BNS), which overhauls the country’s penal code, expressly criminalises stalking and intimidation in Sections 78 and 351. Section 78 of BNS defines “stalking” by focusing on a man repeatedly contacting or electronically monitoring a woman, even if she’s made it clear she isn’t interested . Section 351(4) similarly punishes anonymous or masked threats under “criminal intimidation”. Both these provisions carry imprisonment (first offence up to 3 years, repeat up to 5 years) and fines, aligning with the replaced IPC definitions. The Information Technology Act, 2000, supplements these with offences like identity theft (Sec 66C), online impersonation (Sec 66D) and transmission of obscene (Sec 67) or explicit sexual material (Sec 67A) electronically. So, with the BNS and IT Act together, India has built a legal structure meant to tackle digital stalking and harassment.
This paper studies those provisions, examines evidence rules (Bharatiya Sakshya Adhiniyam, 2023) and procedures (Bharatiya Nagarik Suraksha Sanhita, 2023), work in practice, looks at key court decisions, and considers gender and child rights perspectives. It also compares the new system to the old IPC regime. At the end, it looks at the practical hurdles like anonymity, cross-border jurisdiction, and whether tech platforms cooperate and offer concrete legal and policy fixes.
Cyberstalking and Harassment in the BNS, 2023
Section 78 (Stalking). Under the BNS, stalking is defined narrowly in gendered terms: “Any man” who (i) follows a woman and repeatedly contacts her despite clear disinterest, or (ii) monitors a woman’s internet, email or electronic communications, commits stalking. This follows IPC section 354D but puts emphasis on digital monitoring. The statute sets the punishment for first-time offenders of up to three years’ imprisonment (and fine), and up to five years on conviction for repeat offences. The provisions are accompanied by justifications (for example, police action is excluded if done to detect crime).In effect, Section 78 directly targets men who harass women, online or off, and tries to close legal gaps that once let digital stalkers slip through.
