Cyber Stalking Laws in India — IT Act, BNS Provisions, and How to Seek Legal Help

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This article is for educational and legal awareness purposes only. It does not constitute legal advice or solicitation. Please consult a qualified advocate for advice on specific legal matters.

Introduction

Cyber stalking in India is addressed by Section 78 BNS (successor to Section 354D IPC, in force from 1 July 2024), companion provisions of the BNS, and the IT Act 2000. This article explains the elements of the offence, the companion provisions (voyeurism, criminal intimidation, identity theft), the complaint procedure, and the remedies available — including interim injunctions and anonymous complaint filings on cybercrime.gov.in.

What Is Cyber Stalking?

Cyber stalking is a course of conduct in which a person repeatedly uses electronic means — email, social media, messaging apps, tracking software, fake profiles, or other digital tools — to follow, monitor, contact, harass, or intimidate another person, causing distress, fear, or apprehension in the victim’s mind.

Common forms include:

  • Sending repeated, unwanted messages or emails after the victim has asked the sender to stop.
  • Creating fake social media profiles to impersonate or defame the victim.
  • Using GPS tracking apps (often installed covertly on the victim’s device) to monitor movements.
  • Hacking into the victim’s accounts or devices to access communications or photos.
  • Sending threatening messages through anonymous accounts.
  • Posting personal information (doxxing) to expose the victim to harassment from others.
  • Monitoring the victim’s online activity without consent.

1. Section 78 of the Bharatiya Nyaya Sanhita, 2023 — Stalking

The BNS, which replaced the IPC with effect from 1 July 2024, contains the primary anti-stalking provision in Section 78. This section is the successor to Section 354D IPC, retaining the same essential elements.

Section 78 BNS makes it an offence for any man to:

  • Follow or contact a woman and persist in following or contacting her despite a clear indication of disinterest; or
  • Monitor the use of the internet, email, or any other form of electronic communication by a woman.

The essential ingredient is repetition without the woman’s consent and against her will.

Punishment under Section 78 BNS:

  • First conviction: imprisonment for up to three years, and fine.
  • Second or subsequent conviction: imprisonment for up to five years, and fine.

Note: Section 78 BNS is gender-specific in its current form; it applies to a man stalking a woman. Stalking of men or stalking by women is not directly covered by Section 78 but may be prosecuted under other provisions (discussed below).

2. Section 77 of the Bharatiya Nyaya Sanhita, 2023 — Voyeurism (Related Offence)

Where cyber stalking involves covert surveillance or recording of a woman’s private acts, Section 77 BNS (successor to Section 354C IPC) covers voyeurism. Capturing or disseminating images of a woman under circumstances where she would expect privacy is an offence punishable with up to seven years of imprisonment.

3. Section 351 of the Bharatiya Nyaya Sanhita, 2023 — Criminal Intimidation

Where a cyber stalker makes threats — of injury to the person, reputation, or property — Section 351 BNS (successor to Section 503 IPC on criminal intimidation) applies. Punishment extends to two years’ imprisonment, and where threats are made through an anonymous communication, up to two additional years.

4. Section 66C and 66D of the Information Technology Act, 2000 — Identity Theft and Impersonation

Where a stalker creates a fake profile using the victim’s photographs, name, or credentials:

  • Section 66C IT Act — identity theft, punishable with up to three years of imprisonment and fine up to ₹1 lakh.
  • Section 66D IT Act — impersonation using computer resources, punishable with up to three years and fine up to ₹1 lakh.

5. Section 66E of the Information Technology Act, 2000 — Violation of Privacy

Section 66E IT Act makes it an offence to intentionally capture, publish, or transmit images of a person’s private area without consent. This is punishable with imprisonment up to three years or fine up to ₹2 lakh, or both.

6. Section 67A of the Information Technology Act, 2000 — Transmitting Sexually Explicit Material

Where a stalker transmits sexually explicit material without consent (as part of harassment), Section 67A IT Act applies. This is punishable with up to five years’ imprisonment and fine up to ₹10 lakh for a first conviction.

7. Section 354A IPC Equivalent — Sexual Harassment (Section 75 BNS)

If the stalker makes sexually coloured remarks or shows pornographic material in any form — including online — Section 75 BNS (successor to Section 354A IPC on sexual harassment) may apply. Punishment ranges from one to three years depending on the category of the act.

Cyber Stalking and the Distinction from Defamation

Cyber stalking and online defamation are often conflated but are legally distinct:

  • Stalking involves pursuing a person repeatedly without consent — the harm is fear, distress, and loss of safety.
  • Defamation involves publishing false statements that injure the reputation of a person — the harm is to reputation.

Both may occur simultaneously (e.g., a stalker spreads false information about the victim online). In such cases, both sets of provisions may apply. Online defamation is separately covered by Section 356 BNS (successor to Section 499/500 IPC) and by Section 66A IT Act (which has been read down by the Supreme Court in Shreya Singhal v. Union of India, (2015) 5 SCC 1, but Section 499 IPC / 356 BNS remains in force for criminal defamation).

How to File a Cyber Stalking Complaint

Step 1 — Preserve Evidence

Before filing any complaint, the victim should preserve as much evidence as possible:

  • Take screenshots of all messages, posts, profiles, and communications (with date and time visible).
  • Save URLs of offending pages or profiles.
  • Download and store originals of threatening emails (with full headers if possible).
  • Note dates, times, and platforms for each incident.
  • Preserve any physical evidence of surveillance (e.g., found tracking device).

Evidence that is deleted from a platform may still be recoverable from device caches — a cyber forensics expert or the police’s cyber cell may assist.

Step 2 — File a Complaint at the National Cyber Crime Reporting Portal

The National Cyber Crime Reporting Portal at https://cybercrime.gov.in accepts online complaints for cyber crimes against women and children. The portal has a dedicated section “Report Cyber Crimes Against Women and Children” that specifically covers:

  • Online stalking and harassment
  • Cyber bullying
  • Fake profile creation
  • Revenge pornography and non-consensual intimate image sharing

Helpline: The National Cyber Crime Helpline number is 1930. Available round-the-clock, it connects victims to local police cyber cells and can initiate freezing of accounts or removal of offending content in time-sensitive situations.

Step 3 — File an FIR at the Local Police Station or Cyber Cell

A written complaint should be submitted to:

  • The local police station (where the victim resides or where the offending content was received), or
  • The Cyber Crime Cell of the district police.

In Lucknow and other major cities of UP, dedicated cyber crime cells operate under the supervision of the Additional Superintendent of Police (Cyber). The UP Cyber Cell contact may be found on the UP Police website at https://uppolice.gov.in.

An FIR must be registered by the police under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, successor to CrPC). If the police refuse to register an FIR, the victim may send a written complaint to the Superintendent of Police by registered post, or may approach the Judicial Magistrate under Section 175 BNSS.

Step 4 — Apply for Interim Protection Orders

In cases of imminent threat, the victim may approach:

  • The Civil Court for an injunction restraining the stalker from contacting or publishing material about the victim.
  • In cases involving harassment of a woman by a domestic partner or family member, the Protection Officer under the Protection of Women from Domestic Violence Act, 2005, may issue a Protection Order and a Residence Order without waiting for a criminal trial.

Step 5 — Platform Complaint

While not a legal remedy, victims should simultaneously report offending content to the social media platform (Facebook, Instagram, X/Twitter, YouTube). Under Rule 4 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, significant social media intermediaries must acknowledge complaints within 24 hours and resolve them within 15 days. They are also required to remove non-consensual intimate images within 24 hours of a complaint.

Cyber Stalking Involving Men as Victims

As noted, Section 78 BNS is gender-specific. However, men who are victims of cyber stalking are not without recourse:

  • Section 351 BNS (criminal intimidation) applies regardless of gender.
  • Sections 66C, 66D, 66E IT Act apply regardless of gender.
  • Section 503 IPC (now Section 351 BNS) for criminal intimidation.
  • Section 499 IPC (now Section 356 BNS) for defamation.
  • A civil suit for injunction restraining harassment is available in civil courts for anyone.

Key Case Law

Kalandi Charan Lenka v. State of Odisha (Orissa High Court, 16 January 2017)

The Orissa High Court considered a bail application in a cyber stalking matter where the accused had allegedly created a fake Facebook profile of the victim (a woman) and circulated her morphed photographs along with obscene content. Charges invoked included Sections 354-A, 354-D, 465, 469, 506, 507, 509 IPC read with Sections 66-C, 66-D, 67, 67-A of the IT Act. The Court granted bail subject to strict conditions designed to safeguard the victim, noting the gravity of the allegations and the need for protective conditions in cyber harassment cases.

Shreya Singhal v. Union of India, (2015) 5 SCC 1

The Supreme Court read down Section 66A of the IT Act as unconstitutional for vagueness and overbreadth. However, the Court preserved the criminal law framework on threats, intimidation, defamation, and obscenity available under the IPC and other provisions of the IT Act — provisions that continue to be invoked in cyber stalking complaints under their BNS / current IT Act successors.

Important Points to Remember

  • Cyber stalking is a cognisable offence under Section 78 BNS — police are obligated to register an FIR without requiring a court order.
  • Call 1930 immediately if receiving threats or if intimate images are being circulated — swift action can prevent wider dissemination.
  • Preserve all digital evidence before filing a complaint; once deleted from the platform, recovery may be difficult.
  • The national portal cybercrime.gov.in provides a 24-hour complaint channel and is particularly effective for expedited action against content.
  • Victims need not disclose their identity publicly when filing complaints on the national portal — anonymous reporting is available for certain categories.
  • A civil court injunction can be obtained on an ex parte (without hearing the other side initially) basis in urgent cases to restrain continued harassment pending trial.

Useful Resources

Disclaimer: The information provided on this website is for general legal awareness and educational purposes only. It does not constitute legal advice, advertisement, or solicitation. No reader should act or refrain from acting based on this information without seeking professional legal counsel. Advocate Akhil Singh and this website are not liable for any actions taken based on the content provided herein.

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