Can I take legal action against a stalker under the new criminal laws?

Under Section 78 of the Bharatiya Nyaya Sanhita (BNS), 2023, stalking is defined as physically following another person, repeatedly contacting them despite a clear lack of interest, or monitoring their use of the internet, email or any other electronic communication. The provision expressly covers cyberstalking — tracking through social media, WhatsApp, location apps or persistent unwanted contact online.

Stalking is a cognizable offence, which means the police can register an FIR and investigate without first obtaining a court warrant. For a first conviction it is also bailable, but a repeat offence becomes non-bailable.

Section 78 BNS prescribes graded punishment depending on prior conduct:

(1) First conviction — imprisonment up to 3 years, plus a fine.
(2) Subsequent conviction — imprisonment up to 5 years, plus a fine.

If the stalking is accompanied by threats of harm, additional charges under Section 351 BNS (criminal intimidation) can apply. If the stalker also captures or shares private images, Section 77 BNS (voyeurism) is invokable and carries up to 3 years on first conviction and 7 years on a repeat.

Step 1 — Preserve evidence. Save screenshots of messages, call records, WhatsApp chats, social media interactions, voice notes and any CCTV footage. Electronic evidence is admissible under the Bharatiya Sakshya Adhiniyam (BSA), 2023, but its weight depends on chain-of-custody — keep original copies, don't rely on memory.

Step 2 — File an FIR. Visit the police station with jurisdiction over the area where the offence occurred. The officer is legally bound to register an FIR for a cognizable offence.

Step 3 — Use Zero FIR if jurisdiction is refused. Under Section 173 of the BNSS, 2023, any police station must register your complaint regardless of where the offence occurred and forward it to the correct station. See our full Zero FIR guide.

Step 4 — Report online stalking separately. For cyberstalking, lodge a parallel report on the National Cyber Crime Reporting Portal or call 1930. The cyber cell can preserve digital evidence with the platform (Meta, X, Google) before it is deleted by the perpetrator.

Step 5 — Demand a free copy of the FIR under Section 173(2) BNSS, and follow up in writing if the police are slow to investigate.

Yes. If the stalker is a current or former partner, spouse, in-law or family member, you can apply for a protection order under the Protection of Women from Domestic Violence Act, 2005 in parallel with the criminal FIR. The order can restrain the abuser from contacting you, entering your workplace or residence, and approaching your children.

The Magistrate can pass an ex-parte interim order within days. See our detailed guide on obtaining a protection order. For cases of forced marriage or persistent harassment by an ex, additional remedies may apply.

A reputable, specialised criminal lawyer is strongly recommended in two situations:

(a) If the police are reluctant to register your FIR, a lawyer can file an application under Section 175(3) BNSS to compel registration through the Magistrate.
(b) If you also want civil reliefs alongside the criminal case — a restraining order, monetary compensation, or a protection order under the DV Act.

Before engaging counsel, verify their Bar Council enrolment, ask about prior stalking, cyber-crime and DV cases they have handled, and insist on a written engagement letter with a clear fee structure. See our general guide on finding a good lawyer, or the family lawyer guide if the matter involves an ex-partner.