Section 78 of BNS : Section 78: Stalking.

Explanation using Example

Example 1:

Ravi, a 30-year-old man, works in the same office as Priya. Ravi has been following Priya to her home every day after work, despite Priya clearly telling him multiple times that she is not interested in any personal interaction with him. Ravi also sends her messages on social media and emails her frequently, even after Priya has blocked him on several platforms. Priya feels harassed and files a complaint against Ravi for stalking under Section 78 of The Bharatiya Nyaya Sanhita 2023. Ravi's actions of following Priya and attempting to contact her repeatedly despite her clear disinterest constitute the offence of stalking.

Example 2:

Anita notices that someone has been monitoring her online activities. She finds out that her ex-boyfriend, Raj, has been tracking her social media posts, reading her emails, and even hacking into her accounts to see her private messages. Anita feels violated and reports Raj to the police. Raj's actions of monitoring Anita's use of the internet and electronic communication without her consent fall under the offence of stalking as per Section 78 of The Bharatiya Nyaya Sanhita 2023.

Example 3:

Inspector Sharma, a police officer, is assigned to investigate a series of cybercrimes targeting women. As part of his duties, he monitors the online activities of several suspects, including some women, to gather evidence and prevent further crimes. One of the women, unaware of the investigation, files a complaint against Inspector Sharma for stalking. However, Inspector Sharma can prove that his actions were pursued for the purpose of preventing or detecting crime and that he was entrusted with this responsibility by the State. Therefore, his conduct does not amount to stalking under the exceptions provided in Section 78 of The Bharatiya Nyaya Sanhita 2023.

Example 4:

Sunil, a private investigator, is hired by a company to monitor the online activities of an employee, Meera, who is suspected of leaking confidential information. Sunil's monitoring is done in compliance with the company's internal policies and legal requirements. Meera discovers the monitoring and files a complaint against Sunil for stalking. Sunil can defend himself by proving that his actions were pursued under the law and to comply with the conditions imposed by the company, thus falling under the exceptions of Section 78 of The Bharatiya Nyaya Sanhita 2023.