What to Do If You Are Stalked or Cyberstalked in India

If you are being stalked or cyberstalked in India, go to the nearest police station and file an FIR under Section 78 of the Bharatiya Nyaya Sanhita (BNS), 2023, which makes stalking a criminal offence punishable with up to 3 years imprisonment for a first offence and up to 5 years for a repeat offence. For cyberstalking, you can also file a complaint on the National Cyber Crime Reporting Portal at cybercrime.gov.in or call the cyber crime helpline 1930. Do not ignore stalking — it often escalates.

Why this matters

Stalking is not just an inconvenience — it is a pattern of behaviour that threatens safety, privacy, and mental health. With the rise of digital communication, cyberstalking has become equally dangerous, with perpetrators using social media, location tracking, fake profiles, and constant messaging to harass victims. Indian law recognises both physical and digital stalking as criminal offences. Despite this, many victims do not report because they are unsure whether what they are experiencing qualifies as stalking, or they fear not being taken seriously. This guide clarifies when the law applies and exactly what steps to take.

What the law considers stalking

Physical stalking (Section 78, BNS)

Under Section 78 of the BNS (which replaced Section 354D of the IPC from 1 July 2024), stalking means:

• Following a person — repeatedly following, contacting, or attempting to contact a person to foster personal interaction despite a clear indication of disinterest
• Monitoring — monitoring the use of internet, email, or any other form of electronic communication by a person
• Watching or spying — keeping surveillance on a person's residence, workplace, or any place frequented by the person

The offence applies when a man commits any of these acts against a woman. It is cognizable (police can arrest without a warrant) and bailable for the first offence.

Cyberstalking

Cyberstalking involves the same pattern of behaviour but through digital means:

• Sending repeated unwanted messages, emails, or calls
• Creating fake profiles to monitor or contact the victim
• Posting personal information, photographs, or defamatory content online
• Using GPS or spyware to track the victim's location
• Hacking into the victim's social media accounts
• Making threats online

Cyberstalking can be prosecuted under Section 78 of the BNS and additionally under Section 67 of the Information Technology Act, 2000 (publishing obscene material electronically). If the cyberstalker publishes sexually explicit material, Section 67A of the IT Act applies (up to 5 years imprisonment).

Important: Stalking is not limited to strangers. A former partner, ex-spouse, colleague, acquaintance, or family member can be a stalker. The law does not distinguish based on the relationship — the key element is unwanted, repeated pursuit despite clear rejection.

Step-by-step: What to do immediately

Step 1: Ensure your immediate safety

If you feel you are in immediate danger, call 112 (national emergency number) or 1091 (Women in Distress helpline). Move to a safe location — a public place, a friend's or family member's home, or a police station.

Step 2: Document everything

Before filing a complaint, gather as much evidence as possible:

• Physical stalking: Note dates, times, and locations of each encounter. Take photographs or videos if safe to do so. Identify witnesses.
• Cyberstalking: Take screenshots of all messages, emails, social media posts, comments, and profile pages. Do not delete anything. Save URLs. Record call logs with dates and times. If you receive threatening voicemails, save them.

In practice: Use the "Screen Recording" feature on your phone to capture live interactions. Send yourself copies of screenshots via email (this timestamps them). If using WhatsApp, the built-in "Export Chat" feature preserves message timestamps.

Step 3: Tell the stalker to stop (if safe to do so)

While not legally required, a clear, documented statement telling the stalker to stop contact establishes the "clear indication of disinterest" element of the offence. Send a text or email: "I do not want any contact with you. Do not message, call, follow, or approach me." Do not engage further after this.

Step 4: File an FIR at the police station

Go to the nearest police station and file an FIR under Section 78 of the BNS. Bring your evidence — screenshots, photographs, witness details. If the police refuse to file an FIR, you have several options:

• Approach the Superintendent of Police (SP) of the district
• File a complaint through the Women's Helpline 181
• File an online complaint at cybercrime.gov.in (for cyberstalking)
• Approach the Magistrate under Section 175(3) of the BNSS to direct the police to file an FIR

Step 5: File a complaint on the cybercrime portal (for cyberstalking)

Visit cybercrime.gov.in and register a complaint under the "Women/Child Related Crime" category. You will need to provide: your details, the accused's details (if known), a description of the stalking, and any evidence (uploaded as attachments). You can also call the Cyber Crime Helpline 1930.

Step 6: Apply for a protection order

If the stalking involves someone you know (ex-partner, acquaintance), you can apply for a protection order under the Protection of Women from Domestic Violence Act, 2005 (if you were in a domestic relationship) or seek an injunction from the Magistrate's court to restrain the stalker from contacting or approaching you.

What protections are available to you

Police protection

You can request police protection if you feel threatened. The police can issue a warning to the stalker, increase patrolling near your residence, or arrest the stalker if there is evidence of continued violation.

Interim protection by Magistrate

You can apply before the Magistrate for an order restraining the stalker from contacting, following, or approaching you. The Magistrate can pass an interim order even before the trial concludes.

Cyber crime cell action

For cyberstalking, the cyber crime cell can: issue notices to social media platforms to take down content or fake profiles, trace anonymous accounts, block the stalker's phone numbers or IP addresses, and assist in identifying unknown stalkers.

What if things go wrong

If the police refuse to file an FIR

This is illegal. Under Section 173 of the BNSS (formerly Section 154 CrPC), the police are required to register an FIR for cognizable offences — and stalking is cognizable. If the station house officer refuses, escalate to the SP, file on cybercrime.gov.in, use the Women's Helpline 181, or approach the Magistrate for direction.

If the stalker uses a fake identity

Report to the cyber crime cell with whatever information you have — phone numbers, email addresses, social media profiles, IP addresses. Law enforcement can issue requests to telecom companies and social media platforms to identify the person behind anonymous accounts.

If the stalking is by an ex-partner

This is unfortunately common. If you were in a domestic relationship (lived together, married, or in a relationship of the nature of marriage), you can additionally invoke the Domestic Violence Act for a protection order and residence order. The DV Act provides faster interim relief.

If the stalker is from another state or country

Cyberstalking is a cognizable offence that can be reported in the jurisdiction where the victim resides. You do not need to go to the stalker's location. The cyber crime portal (cybercrime.gov.in) handles inter-state coordination. For international stalkers, the police can work through INTERPOL channels.

Documents and resources you need

• Screenshots, messages, emails — all evidence of stalking, with dates
• Call logs — from your phone records
• Photographs/videos — of the stalker following you
• Witness details — names and contact numbers of anyone who witnessed incidents
• Emergency number: 112
• Women in Distress helpline: 1091
• Women Helpline: 181 (24/7)
• Cyber Crime Helpline: 1930
• Cyber Crime Portal: cybercrime.gov.in
• National Commission for Women: ncw.nic.in or 7827-170-170
• NALSA helpline: 15100 (free legal aid)

Common myths

Myth: Stalking is only physical — online harassment is different. Reality: Section 78 of the BNS specifically covers monitoring a person's internet activity, email, and electronic communication. Cyberstalking is stalking. It carries the same criminal penalties.

Myth: If the stalker is your ex-boyfriend or ex-husband, it is not "real" stalking. Reality: The law does not provide any exception for former romantic partners. An ex who follows, monitors, or repeatedly contacts you despite your clear rejection is committing the offence of stalking, regardless of the past relationship.

Myth: The police cannot do anything about anonymous online stalkers. Reality: Cyber crime cells routinely trace anonymous accounts through digital forensics, IP address tracking, phone number verification, and cooperation with social media platforms. Technology makes anonymity difficult to maintain under investigation.

Myth: Stalking is a minor offence — it is not worth reporting. Reality: Stalking is punishable with up to 3 years imprisonment for a first offence and up to 5 years for repeat offenders. Research consistently shows that stalking behaviour tends to escalate. Early reporting and legal intervention can prevent more serious harm.

The law behind this

Frequently asked questions

Can a man file a stalking complaint? Section 78 of the BNS, as currently worded, covers stalking of a woman by a man. If a man is being stalked, the complaint can be filed under general criminal provisions — Section 351 of the BNS (criminal intimidation), Section 352 (intentional insult to provoke breach of peace), or Section 67 of the IT Act for online harassment.

What if the stalking stops after I file the FIR — should I withdraw? No. Stalkers often temporarily stop when they learn of the complaint, only to resume later. Let the legal process continue. The investigation and potential prosecution serve as a deterrent. If the stalker violates bail conditions, it strengthens the case.

Can I get the stalker's social media accounts taken down? Yes. Once an FIR is filed, the police can issue requests to social media platforms (under the IT Act and the IT Intermediary Guidelines Rules, 2021) to take down profiles, block accounts, and preserve data. You can also directly report the accounts to the platform's safety team.

How long does a stalking case take in court? Stalking under Section 78 BNS is a summons-triable case for the first offence (heard by a Magistrate). The trial typically takes 6-18 months, depending on the court's calendar. Interim protection orders can be obtained much faster — sometimes within days.