Bail Status Guide

Is BNS Section 78 Bailable or Non-Bailable? Arrest Guidelines

BNS Section 78: Stalking (Legacy IPC Section N/A)

Statutory Classification Details

Stalking (first conviction)

  • Bailable Status: Bailable (Bail is a legal right — granted at police station)
  • Cognizable Status: Cognizable (Police can arrest without warrant)
  • Triable Court: Any Magistrate
  • Official Punishment: Imprisonment up to 3 years and fine

Stalking (second or subsequent conviction)

  • Bailable Status: Non-bailable (Bail can only be granted by the Judiciary)
  • Cognizable Status: Cognizable (Police can arrest without warrant)
  • Triable Court: Any Magistrate
  • Official Punishment: Imprisonment up to 5 years and fine