The crime of Cyber Stalking is addressed in Section 78 of the BNS, which encompasses the broader offense of Stalking by specifically incorporating electronic communication methods.

Section 78: Definition of Stalking (Including Cyber Stalking)

Section 78(1) of the BNS outlines the offense of Stalking. A man is deemed to commit this offense if he:

• Follows a woman and contacts, or attempts to contact her, to encourage a personal interaction repeatedly, despite clear signals of disinterest from the woman; OR
• Monitors a woman’s use of the internet, email, or any other form of electronic communication.

The second point directly pertains to the act of Cyber Stalking.

Exceptions

The behavior described above does not constitute stalking if the man can demonstrate that it was performed:

• For the purpose of preventing or detecting crime, and he was officially assigned this duty.
• Under any law or to adhere to any condition or requirement mandated by law.
• In the specific circumstances, the behavior was reasonable and warranted.

Punishment

The BNS stipulates varying levels of punishment based on whether the offense is a first-time or repeat conviction:

• First Conviction: Imprisonment for a term that may extend to 3 years, and he shall also be subject to a fine. The offense is generally regarded as Bailable.
• Second or Subsequent Conviction: Imprisonment for a term that may extend to 5 years, and he shall also be subject to a fine. The offense is classified as Non-Bailable.