What do I do if I'm harassed by my ex-boyfriend or girlfriend?
Updated · 6 July 2026
File an FIR under Sections 78 (stalking), 351 (criminal intimidation), 79 (insulting modesty) and 77 (voyeurism) of the Bharatiya Nyaya Sanhita, 2023, and seek a protection order under the Domestic Violence Act.
Which criminal laws apply to harassment by an ex-partner?
Harassment by a former boyfriend, girlfriend or ex-spouse is squarely covered by the Bharatiya Nyaya Sanhita (BNS), 2023:
(1) Section 78 — stalking, whether physical or digital. Up to 3 years on first conviction, 5 years on a repeat;
(2) Section 351 — criminal intimidation by threats of injury, defamation or harm. Up to 7 years where the threat is of death or grievous hurt;
(3) Section 79 — word, gesture or act intended to insult the modesty of a woman. Up to 3 years;
(4) Section 77 — voyeurism, including capturing or sharing private images without consent. Up to 3 years on first conviction and 7 years on a repeat.
(1) Section 78 — stalking, whether physical or digital. Up to 3 years on first conviction, 5 years on a repeat;
(2) Section 351 — criminal intimidation by threats of injury, defamation or harm. Up to 7 years where the threat is of death or grievous hurt;
(3) Section 79 — word, gesture or act intended to insult the modesty of a woman. Up to 3 years;
(4) Section 77 — voyeurism, including capturing or sharing private images without consent. Up to 3 years on first conviction and 7 years on a repeat.
What if my ex threatens to leak my photos or private chats?
Threats to share intimate images or private conversations — sometimes called 'revenge porn' or 'sextortion' — attract both BNS and IT Act liability:
(1) Section 77 BNS (voyeurism) — capturing, sharing or threatening to share private images;
(2) Section 66E of the Information Technology Act, 2000 — capturing or transmitting an image of a private area without consent. Up to 3 years;
(3) Sections 67 and 67A IT Act — publishing or transmitting obscene or sexually explicit material. 3 to 7 years;
(4) Section 351 BNS — the threat itself is an offence, even if the images are never actually shared.
Report the threat immediately, before any content is published. The cyber cell can issue takedown directions to platforms (Meta, X, Google) under the IT Rules, 2021, which require removal of non-consensual intimate imagery within 24 hours of a complaint.
(1) Section 77 BNS (voyeurism) — capturing, sharing or threatening to share private images;
(2) Section 66E of the Information Technology Act, 2000 — capturing or transmitting an image of a private area without consent. Up to 3 years;
(3) Sections 67 and 67A IT Act — publishing or transmitting obscene or sexually explicit material. 3 to 7 years;
(4) Section 351 BNS — the threat itself is an offence, even if the images are never actually shared.
Report the threat immediately, before any content is published. The cyber cell can issue takedown directions to platforms (Meta, X, Google) under the IT Rules, 2021, which require removal of non-consensual intimate imagery within 24 hours of a complaint.
How do I report and document harassment from my ex?
Step 1 — Preserve everything. Save chats, voice notes, call recordings, emails, screenshots, profile URLs and any CCTV. Electronic evidence is admissible under the Bharatiya Sakshya Adhiniyam (BSA), 2023, but chain-of-custody matters — keep originals.
Step 2 — Lodge a cybercrime complaint. File on the National Cyber Crime Reporting Portal or call 1930. The cyber cell can preserve digital evidence with platforms before it is deleted.
Step 3 — File an FIR at your local police station. If the station refuses or jurisdiction is disputed, use the Zero FIR procedure under Section 173 BNSS, 2023.
Step 4 — Demand a free copy of the FIR under Section 173(2) BNSS, and follow up in writing if the police are slow to investigate.
Step 2 — Lodge a cybercrime complaint. File on the National Cyber Crime Reporting Portal or call 1930. The cyber cell can preserve digital evidence with platforms before it is deleted.
Step 3 — File an FIR at your local police station. If the station refuses or jurisdiction is disputed, use the Zero FIR procedure under Section 173 BNSS, 2023.
Step 4 — Demand a free copy of the FIR under Section 173(2) BNSS, and follow up in writing if the police are slow to investigate.
Can I get a protection or restraining order against my ex?
Yes, in two scenarios:
(1) If your ex is a former spouse, live-in partner, in-law or family member — apply for a Protection Order under the Protection of Women from Domestic Violence Act (PWDVA), 2005. See our step-by-step DV protection order guide. The Magistrate can pass an ex-parte interim order within days, barring contact, entry to your workplace or residence, and approaches to your children.
(2) In other cases (former boyfriend, girlfriend, casual partner), your lawyer can move the Civil Court for a permanent injunction under the Specific Relief Act, 1963, restraining the ex from contacting you. Courts grant urgent ad-interim orders where the facts are strong.
(1) If your ex is a former spouse, live-in partner, in-law or family member — apply for a Protection Order under the Protection of Women from Domestic Violence Act (PWDVA), 2005. See our step-by-step DV protection order guide. The Magistrate can pass an ex-parte interim order within days, barring contact, entry to your workplace or residence, and approaches to your children.
(2) In other cases (former boyfriend, girlfriend, casual partner), your lawyer can move the Civil Court for a permanent injunction under the Specific Relief Act, 1963, restraining the ex from contacting you. Courts grant urgent ad-interim orders where the facts are strong.
Should I hire a lawyer to deal with ex-partner harassment?
Strongly recommended in two situations:
(a) If the police are slow to register or investigate, a reputable, specialised criminal lawyer can file an application under Section 175(3) BNSS to compel registration through the Magistrate, or seek directions from the High Court under Article 226.
(b) If you want parallel civil reliefs — a restraining order, monetary compensation, or a DV Act protection order alongside the criminal case.
Engage counsel with hands-on experience in BNS, cyber-crime and DV Act matters. See our general guide on finding a good lawyer and the family lawyer guide if your ex is a former spouse.
(a) If the police are slow to register or investigate, a reputable, specialised criminal lawyer can file an application under Section 175(3) BNSS to compel registration through the Magistrate, or seek directions from the High Court under Article 226.
(b) If you want parallel civil reliefs — a restraining order, monetary compensation, or a DV Act protection order alongside the criminal case.
Engage counsel with hands-on experience in BNS, cyber-crime and DV Act matters. See our general guide on finding a good lawyer and the family lawyer guide if your ex is a former spouse.
Disclaimer: Content provided here is for general legal knowledge only and does not constitute formal legal advice. If you have an urgent or specific matter, please consult a registered advocate.