India’s transition from the Indian Penal Code to the Bharatiya Nyaya Sanhita marks a decisive moment in how the law responds to modern forms of crime. As digital spaces become inseparable from everyday life, crimes that once occurred in physical settings now increasingly unfold online. For women in particular, the internet has emerged as both a space of empowerment and a site of serious vulnerability. Section 78 of the Bharatiya Nyaya Sanhita directly addresses this reality by legally recognising cyber stalking as a punishable offence and strengthening protections for personal privacy.
This provision reflects an understanding that harassment through digital means can be just as invasive, frightening, and damaging as physical stalking. By explicitly acknowledging online behaviour within the definition of stalking, the law moves closer to the lived experiences of women navigating social media platforms, messaging apps, and digital communication networks.
Understanding Cyber Stalking Under Section 78 BNS
Section 78 of the Bharatiya Nyaya Sanhita defines stalking in a manner that clearly extends to digital environments. The provision covers repeated attempts to contact, monitor, follow, or surveil a woman despite her clear indication of disinterest. Importantly, this monitoring is not limited to physical movement but includes tracking online activity, persistent messaging, impersonation, and unwanted digital observation.
Cyber stalking under this section includes behaviour such as repeatedly sending messages or emails, monitoring social media accounts, using technology to track a woman’s location, or creating fake profiles to watch or contact her. The law recognises that such acts, though carried out through screens and devices, can cause severe psychological distress, fear, and disruption to daily life.
By placing cyber stalking firmly within criminal law, Section 78 removes the earlier ambiguity that often allowed digital harassment to be dismissed as a private or trivial matter.
Privacy as a Legal Right, Not a Personal Favour
One of the most significant aspects of Section 78 is its emphasis on a woman’s right to privacy. The provision affirms that a woman’s digital presence does not grant anyone unrestricted access to her life. Repeated surveillance, whether through social media, messaging platforms, or digital tools, is recognised as a violation of personal autonomy.
This legal recognition aligns with broader constitutional principles that treat privacy as a fundamental right. In the context of cyber stalking, privacy is no longer seen as merely a social expectation but as a legally protected boundary. Section 78 reinforces the idea that consent matters in digital spaces just as much as it does offline, and that ignoring a woman’s refusal to engage is a criminal act, not persistent romance or harmless curiosity.
Addressing the Psychological Impact of Online Harassment
Cyber stalking often leaves no visible injuries, yet its emotional and psychological consequences can be profound. Women who experience continuous online monitoring or harassment frequently report anxiety, fear, sleep disturbances, and withdrawal from public or professional spaces. Section 78 acknowledges this hidden harm by treating digital stalking as a serious offence rather than a minor nuisance.
The provision reflects a growing awareness within the legal system that technology-enabled harassment can escalate into physical harm if left unchecked. By criminalising early patterns of obsessive or intrusive online behaviour, the law aims to intervene before threats become more severe.
Accountability in an Era of Anonymity
One of the challenges in addressing cyber crimes has been the perceived anonymity of the internet. Section 78 counters this by making it clear that digital tools cannot be used as shields against accountability. Whether the stalking occurs through real identities or fake accounts, the offence remains the same under the law.
This approach sends a strong message that technological sophistication does not excuse criminal behaviour. The responsibility lies with law enforcement agencies to investigate digital trails, while the law provides them with a clear mandate to treat such complaints seriously.
A Step Forward, With Challenges Ahead
While Section 78 of the Bharatiya Nyaya Sanhita represents meaningful progress, its effectiveness will ultimately depend on implementation. Awareness among women about their rights, sensitivity among police officers handling complaints, and technical capacity to investigate cyber offences will all play critical roles.
Nevertheless, the inclusion of cyber stalking within the core criminal law framework is a clear acknowledgment that women’s safety cannot be divided into online and offline categories. The harm is real, the fear is real, and now, the legal protection is real as well.
Reclaiming Digital Spaces Through Law
Section 78 of the Bharatiya Nyaya Sanhita signals a shift in how Indian law views digital spaces. By recognising cyber stalking as a serious violation of privacy and dignity, the provision empowers women to reclaim their right to exist freely and safely online. It reinforces the principle that technology should enhance freedom, not become a tool of control or intimidation.
As India’s digital footprint continues to grow, laws like Section 78 will play a crucial role in shaping safer online environments. For women, it represents not just legal protection, but a broader affirmation that their voices, choices, and boundaries matter—both on screen and beyond it.
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Last Updated on: Wednesday, February 4, 2026 12:11 pm by News Proton Team | Published by: News Proton Team on Wednesday, February 4, 2026 12:11 pm | News Categories: News