Stalking under the Bharatiya Nyaya Sanhita (BNS): meaning, precautions, enforcement and the apprehensions about misuse

This research paper is related to Stalking under the Bharatiya Nyaya Sanhita (BNS): meaning, precautions, enforcement and the apprehensions about misuse. Stalking is now expressly criminalized in India under the new penal code the Bharatiya Nyaya Sanhita (BNS) which modernizes and replaces older IPC provisions. Section 78 of the BNS defines stalking to include repeated physical following as well as digital monitoring and unwanted electronic contact. The law offers clearer protection for victims but also raises practical questions about evidence, gendered language in the provision, scope (private vs. public behavior) and the potential for over- or malicious use of the offence. This article explains the statutory text and case-law background, offers practical precautions for individuals and institutions, and analyses legitimate concerns and safeguards against misuse. Key statutory texts and official sources are cited throughout.