● Retained in BNS
Stalking -- following a woman and repeatedly contacting her despite clear disinterest, or monitoring her online activity -- carries up to 3 years' imprisonment on a first conviction and up to 5 years on a repeat conviction under BNS Section 78, unchanged from IPC 354D.
Section 354D IPC (inserted in 2013) made it an offence for a man to follow a woman and repeatedly contact or attempt to contact her to foster personal interaction despite a clear indication of disinterest, or to monitor her use of the internet, email or other electronic communication -- subject to exceptions for crime prevention, legal compliance, and conduct that was reasonable and justified. First conviction: up to 3 years' imprisonment and fine. Second or subsequent conviction: up to 5 years and fine.
BNS Section 78 reproduces Section 354D word for word, including the "any man" perpetrator description and all three provisos, with the same two-tier punishment.
Unchanged in substance. Pure renumbering from IPC 354D to BNS 78 with identical text, identical provisos and identical punishment tiers.
First conviction: imprisonment of either description up to 3 years, and fine. Second or subsequent conviction: up to 5 years, and fine..
IPC 354D is bailable for a first conviction; non-bailable for a second or subsequent conviction..
This is a cognizable. offence.
Non-compoundable..
Matters under IPC 354D are tried before the Any Magistrate..
Common defences include that the conduct fell within one of the statutory provisos (crime prevention/detection, legal compliance, or reasonable and justified conduct), absence of repeated contact despite disinterest, and mistaken identity.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons