What can I do about someone constantly tracking and messaging me online?

A person keeps following my social media activity, messaging me repeatedly despite being blocked, and shows up wherever I post I'll be. Before I spend money on it, I want to know whether Bharatiya Nyaya Sanhita, 2023 – Section 78 gives me a remedy here and what proof I would need. Any Section numbers I can quote when I write to them would be useful.

Bharatiya Nyaya Sanhita, 2023 – Section 78, Information Technology Act, 2000 – Section 66A (struck down, cite BNS instead) and Code of Criminal Procedure/BNSS provisions on FIR is what decides this question in India. Read it alongside the provisions named, because the relief available to you turns on the facts you can prove on paper.

Section 78 of the BNS (replacing IPC Section 354D) punishes stalking — monitoring a woman's internet, email or electronic communication usage, or contacting her despite disinterest — with up to 3 years for a first conviction and up to 5 years for repeat offences.

The offence is cognizable and bailable for the first instance, but the police are still obligated to register an FIR and investigate upon a written complaint.

Preserve all screenshots, timestamps, and metadata of messages/contacts as this constitutes crucial electronic evidence under the Bharatiya Sakshya Adhiniyam.

You can simultaneously request the platform to block/report the stalker's account and preserve their data via a written notice, which can later be summoned by police.

A protection order can also be sought under the Protection of Women from Domestic Violence Act if the stalker is a family member or intimate partner.

What this means for you: 1) Block the stalker but save screenshots and message logs before doing so; 2) File a written complaint at the local police station or cybercrime.gov.in citing Section 78 BNS; 3) Request the platform to preserve account data for the investigation; 4) Seek a protection order if the stalker is a partner or family member.

Where the facts are disputed, what usually decides a online stalking bns 78 matter is the paper trail — dated complaints, acknowledgments and written replies under Bharatiya Nyaya Sanhita, 2023 – Section 78. 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 cyber law.

Disclaimer: This information is for general awareness and does not constitute legal advice. Statutes and their interpretation change, and outcomes depend on the facts of your case. Please consult a qualified advocate before acting on it.