Is stalking under BNS Section 78 bailable or non-bailable?

A first conviction for stalking under BNS Section 78 is fully bailable. However, any second or subsequent conviction is strictly non-bailable.

What is the punishment for stalking under Section 78?

A first conviction carries up to 3 years of imprisonment with a fine. A subsequent conviction carries an enhanced penalty of up to 5 years of imprisonment along with a fine.

Does BNS Section 78 cover online or cyber stalking?

Yes, it explicitly includes monitoring a woman's internet use, email, or other digital communications, treating cyber stalking with equal severity.

BNS Section 78

BNS Section 78: Stalking

Equivalent Legacy Law: IPC Section N/A

💡 Simplified Explanation

BNS Section 78 defines the rules, regulations, and penalties regarding: "stalking". This section is part of the updated criminal code of India (BNS, 2023) which modernized the legal framework.

Real-World Scenario

"If an individual is found violating the provisions regarding stalking as defined under this Section, they will be charged under BNS Section 78 instead of the old IPC sections."

⚖️ Procedural Classification Summary

Stalking (first conviction)

Bailable: Bailable (Bail is a legal right — granted at police station)

Cognizable: Cognizable (Police can arrest without warrant)

Triable by: Any Magistrate

Punishment: Imprisonment up to 3 years and fine

Stalking (second or subsequent conviction)

Bailable: Non-bailable (Bail can only be granted by the Judiciary)

Cognizable: Cognizable (Police can arrest without warrant)

Triable by: Any Magistrate

Punishment: Imprisonment up to 5 years and fine

📜 Official Statutory Provision

No specific renumbering changes. Section included as is.

Bail Status Guide Is Section 78 Bailable? → Sentencing Guide Jail Term & Fine Details →