Do not take unwanted repeated contact, following or monitoring lightly. Depending on the facts, it may amount to stalking, intimidation or another offence. Pay attention to both immediate safety and preserving evidence.
BNS Section 78 specifically concerns prescribed circumstances such as a man pursuing a woman and contacting her despite her clearly expressed disinterest. Monitoring internet or electronic communication may also fall within its scope. Other applicable provisions may be relevant for other genders or different conduct. Not every individual message automatically amounts to stalking.
What should you do now?
- If it is safe to do so, clearly state that you are not interested; do not agree to pressure to meet alone.
- Keep a dated record of messages, calls, routes and incidents.
- Make a complaint to the police and, for online conduct, through the cyber channel.
Which documents should you keep?
Chats, call logs, profile links, witness details and lawfully obtained CCTV information.
Avoid this mistake
Deleting everything before preserving the evidence or going alone to confront someone who has made threats may increase the risk.
A hypothetical example
After being clearly told to stop, someone repeatedly follows a person to their workplace and sends messages from new accounts. Provide a dated record of the incidents and of having expressed disinterest. Do not overlook the overall pattern by comparing it with a single isolated message.
Can online stalking also be reported?
Yes. The conduct and facts may be examined under the relevant cyber and criminal provisions.
Legal basis and useful sources
- Bharatiya Nyaya Sanhita, 2023 — provisions relating to identity, cheating, stalking and defamation
- National Cybercrime Reporting Portal — Official FAQ
This is general legal information. Advice may differ depending on your facts, the applicable law and state rules.