Someone is repeatedly messaging and following my online activity, is this cyberstalking?

Question

A person keeps messaging me on multiple platforms after I've asked them to stop, and monitors my social media activity obsessively. I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

Someone is repeatedly messaging and following my online activity, is this cyberstalking? is governed in India primarily by Bharatiya Nyaya Sanhita, 2023 – Section 78, Information Technology Act, 2000 – Section 66A (struck down, note) and Information Technology Act, 2000 – Section 67. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

Section 78 of the Bharatiya Nyaya Sanhita, 2023 (replacing IPC Section 354D) specifically criminalises stalking, including monitoring a woman's use of the internet, email or electronic communication, with up to 3 years imprisonment for a first conviction and up to 5 years for repeat offences.

Note that Section 66A of the IT Act (which used to cover 'offensive messages') was struck down by the Supreme Court in Shreya Singhal v. Union of India (2015) for being unconstitutionally vague, so complaints should not rely on it even though some police stations still incorrectly cite it.

You can seek a protection order and even a restraining order from the Magistrate under BNSS provisions if the stalking is causing fear for your safety, in addition to the criminal complaint.

Cyberstalking is a cognizable and non-bailable offence under Section 78(2) BNS for repeat conduct, meaning police must register an FIR and can arrest without a warrant.

Document every instance with timestamps and screenshots — courts require a pattern of unwanted contact, not a single message, to establish stalking.

What to do next: 1) Send a clear written message asking the person to stop all contact, and keep proof; 2) Block the person across all platforms after documenting further attempts; 3) File an FIR at your local police station or cybercrime.gov.in citing Section 78 BNS; 4) Apply for a protection order through a lawyer if you fear for your safety.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Bharatiya Nyaya Sanhita, 2023 – Section 78 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.