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.

Procedural Classification · BNSS First Schedule

BNS Section 78 Punishment Jail Term, Fines & Sentencing Guidelines

Analysis of punishment terms, fines, and judicial sentencing rules for BNS Section 78: Stalking under the Bharatiya Nagarik Suraksha Sanhita (BNSS).

⚖️ Sentencing & Penalty Guidelines

Stalking (first conviction)

Bail Status

✓ Bailable (Bail is a matter of right)

Arrest Authority

Cognizable (Police can arrest without warrant)

Triable Court

Any Magistrate

Prescribed Punishment

Imprisonment up to 3 years and fine

Stalking (second or subsequent conviction)