IPC 354D → BNS 78: Stalking

IPC 354D (now BNS 78): Stalking

IPC Section 354D punishes stalking — following a woman and repeatedly contacting or attempting to contact her to foster personal interaction despite her clear disinterest, or monitoring her use of the internet, email or other electronic communication. From 1 July 2024 it continues as Section 78 of the Bharatiya Nyaya Sanhita (BNS) 2023.

Punishment under BNS 78 (same as IPC 354D)

On first conviction, imprisonment up to 3 years and fine; on a second or subsequent conviction, a longer term. The graded first-offence and repeat-offence structure of old IPC 354D is retained.

What changed from IPC to BNS?

Only the numbering moved (IPC 354D to BNS 78), and the provision expressly covers cyber-stalking — persistent unwanted messaging, tracking and monitoring across social media and messaging apps. New FIRs cite BNS 78.

Worked example

Despite being told to stop, A keeps messaging a woman on multiple apps, creates fake accounts to follow her online and waits outside her workplace. The repeated physical and electronic monitoring against her wishes makes this stalking under BNS 78.

Practical notes

• For advocates: stalking often escalates from or coexists with sexual harassment (IPC 354A to BNS 75) and voyeurism (IPC 354C to BNS 77); insulting a woman's modesty by word or gesture is IPC 509 (BNS 79). Preserve message logs and screenshots as evidence.
• A recognised defence is that the course of conduct was reasonable or pursued under lawful authority.