Stalking, voyeurism and online harassment: how to stop it
What stalking (Sec 78 BNS), voyeurism (Sec 77) and online harassment mean, the punishments, how to save evidence, get images removed in 24 hours, file an FIR.
In short
- Repeatedly following, contacting or monitoring a woman online despite her clear disinterest is stalking, up to 3 years' imprisonment Sec 78 BNS. Watching or photographing her in a private act, or sharing such an image, is voyeurism, 1 to 3 years Sec 77 BNS.
- Before you block or delete anything, screenshot the profile, URL, date and time. Do not forward intimate images, even to report them.
- Report online abuse at cybercrime.gov.in (women and children section, which can be anonymous) and ask the platform to remove intimate images; the IT Rules require takedown within 24 hours of your complaint.
- File an FIR at any police station; these offences are cognizable, and a woman officer should record your complaint Sec 173 BNSS. Unsafe now: 112. Support: 181. Free lawyer: 15100.
A man who keeps turning up outside your college. A stranger who messages every night from new accounts after you block him. A hidden camera in a changing room, or a private photo shared without your permission. These are not "teasing" or pranks. They are crimes, and the law gives you quick ways to act. Privacy is part of the right to life (Puttaswamy v Union of India, 2017) Art 21; these offences protect it in daily life.
What the law says
Stalking. A man commits stalking if he follows a woman and contacts, or attempts to contact, her to foster personal interaction repeatedly despite her clear indication of disinterest, or monitors her use of the internet, email or any other electronic communication Sec 78 BNS (earlier Sec 354D IPC). Punishment: up to 3 years and a fine for a first conviction, up to 5 years for a second. It is not stalking if the man was lawfully preventing or detecting crime, or acting under a legal duty. Repeated calls, messages from fresh numbers and tracking your location all fit the definition.
Voyeurism. Watching, or capturing the image of, a woman engaged in a private act where she would reasonably expect not to be observed, or disseminating such an image, is punishable with 1 to 3 years and a fine for a first offence, and 3 to 7 years for a second Sec 77 BNS (earlier Sec 354C IPC). The explanation is important: even if she consented to the image being taken, sharing it with others without her consent is an offence. "Private act" includes using a toilet, undressing, or sexual activity.
Sexual harassment. Unwelcome physical contact, demands for sexual favours, showing pornography against her will, or sexually coloured remarks Sec 75 BNS: up to 3 years' rigorous imprisonment for the first three, up to 1 year for remarks.
Insulting modesty. Any word, sound, gesture or object intended to insult a woman's modesty, or intruding on her privacy, carries up to 3 years' simple imprisonment and a fine Sec 79 BNS. Assault or criminal force with intent to outrage modesty is 1 to 5 years Sec 74 BNS.
When it happens online
- Sec 66E IT Act: capturing, publishing or transmitting an image of a person's private area without consent: up to 3 years or a fine up to ₹2 lakh, or both.
- Sec 67 IT Act: publishing or sending obscene material electronically: up to 3 years and a fine up to ₹5 lakh for a first conviction.
- Sec 67A IT Act: sexually explicit material: up to 5 years and a fine up to ₹10 lakh for a first conviction. This is the section for "revenge porn" and morphed nudes.
- Threats to leak photos or to harm you are criminal intimidation Sec 351 BNS, more severely punished when the threat is to kill, cause grievous hurt or impute unchastity to a woman. Demanding money to stop is extortion.
Under the IT Rules, 2021, a platform that receives a complaint about content showing a person's private parts, nudity or a sexual act, or an impersonating image, must remove or disable access to it within 24 hours. Every major platform has an in-app "report" option and a grievance officer whose contact must be published on its website.
Step by step
- Secure evidence first. Screenshot messages, profiles, URLs and the date and time stamps. Save call logs. Download a copy of the chat. If a video or image was shared, note where and when, but do not forward or re-share it; that itself can be an offence. Write a short timeline.
- Report to the platform through the in-app tool, selecting "nudity or sexual content" or "impersonation", and email the grievance officer. Note the ticket number. The 24-hour clock runs from your complaint.
- File online at cybercrime.gov.in. Choose "Report crimes related to women and children". You can report anonymously, but a named complaint lets police contact you. Call 1930 if money was also extorted.
- Go to any police station and give a written complaint. Stalking, voyeurism and sexual harassment are cognizable offences (police can register a case and arrest without a court's permission), so police must register an FIR Sec 173 BNSS, even if the incident happened elsewhere (a "Zero FIR"). Ask that a woman officer record your statement; the law provides for it in these offences. You can also send the complaint electronically and sign it within 3 days.
- If police refuse, send the complaint to the Superintendent of Police by registered post and, if nothing happens, apply to the Magistrate under Sec 175(3) BNSS.
- Tell people who can help you stay safe: family, hostel warden, employer. If the stalker works or studies with you, the POSH Internal Committee or college cell can act in parallel. Change passwords, turn on two-factor login, and review who can see your location.
Anjali, a second-year student in Jaipur, blocks a classmate after he sends dozens of messages a day. He makes three new Instagram accounts, comments on every post, and one night sends a morphed nude with the message "share this or meet me". Anjali screenshots everything with timestamps, reports the image in-app as non-consensual nudity, and files a complaint on cybercrime.gov.in. The next morning she goes to the nearest police station with her friend and the screenshots. A woman constable records her complaint and an FIR is registered under Sec 78 and Sec 351 BNS and Sec 67A IT Act. Instagram removes the image within a day; the police trace the accounts through the platform.
Keep these ready
- Screenshots showing the sender's profile name, handle or number, the message, and the date and time.
- Exported chat backup; call logs; any voice notes.
- URLs of posts or profiles, and the platform complaint ticket numbers.
- A dated timeline of incidents, including offline following and any witnesses.
Do not delete the conversation in anger or hand your phone to the stalker's family "to settle it". Deleted evidence is hard to recover, and these offences cannot be settled privately. Do not pay someone threatening to leak your images; payment never ends it, and sextortion is itself an offence the police handle routinely. Report instead.
Where to go
- Emergency: 112. Women Helpline 181 for counselling and help with the police.
- National Cyber Crime Reporting Portal: cybercrime.gov.in; helpline 1930 for financial fraud or extortion. Report harassing calls and SIMs at sancharsaathi.gov.in.
- Police: any station, the women's police station or the district cyber cell; FIR under Sec 77/78 BNS and the IT Act. If refused: Superintendent of Police, then the Magistrate.
- Free legal aid: 15100 or the District Legal Services Authority (nalsa.gov.in). National Commission for Women: ncw.gov.in. If the victim is under 18: 1098.
Common questions
Can I report stalking if he has never threatened me?
Yes. Sec 78 BNS does not require a threat. Repeated following or contact despite your clear disinterest is enough, and so is monitoring your online activity. Blocking him, telling him to stop, or ignoring him after one reply all show disinterest. Keep a record of each contact after that point.
I sent the photo myself. Is sharing it still a crime?
Yes. The explanation to Sec 77 BNS says that where a woman consents to an image being captured but not to its being shared, sharing it is voyeurism. Sec 67A of the IT Act also applies to sexually explicit material regardless of who took it. Report the image to the platform for removal within 24 hours and to the police; you did nothing illegal.
Will the police take my phone?
Police may ask for the device or a forensic copy of the relevant data as evidence. You can ask that only the relevant chats or files be extracted and that the phone be returned quickly, and give printouts and a chat export in the meantime. If you are uncomfortable, ask a legal aid lawyer to accompany you.
What if the harasser is anonymous or abroad?
Register the complaint anyway. Platforms can be asked by police for account details and IP logs, and many "anonymous" accounts are traced this way. For accounts abroad, Indian police can still get content removed and work through the platform's India grievance officer. Takedown does not depend on knowing who posted.
Can a man be a victim of these offences?
Sec 77, 78 and 79 BNS protect women. A man facing stalking or image abuse can use Sec 66E, 67 and 67A of the IT Act, which are gender-neutral, and the BNS provisions on criminal intimidation (Sec 351) and extortion. He can report on cybercrime.gov.in and file an FIR in the same way.
This article is general information for awareness, not legal advice. For your situation, consult an advocate or call free legal aid at 15100.
