Stalking and Harassment in India: How to File a Police Complaint in Pune

Stalking Under Indian Law — Section 77 BNS

Stalking is defined under Section 77 of the Bharatiya Nyaya Sanhita (BNS), 2023 (formerly Section 354D IPC) as: a man who follows a woman, contacts her, or attempts to contact her to foster personal interaction repeatedly despite a clear indication of disinterest — or monitors a woman’s use of the internet, email, or any other form of electronic communication. Punishment: up to 3 years imprisonment for repeat offences.

Cyberstalking — monitoring online activity, sending persistent unwanted messages, tracking location through digital means — is also covered under S.77 BNS as well as Section 67 of the IT Act for cases involving obscene electronic messages.

What Counts as Stalking in Practice?

• Following someone physically to their home, workplace, or regularly visited places
• Persistent phone calls, texts, or WhatsApp messages after being told to stop
• Monitoring social media activity, creating fake profiles to track the victim
• Sending repeated emails, DMs, or messages from multiple accounts after blocking
• Loitering near the victim’s residence or workplace without reason
• Tracking GPS location through apps or devices placed without consent
• Sending unwanted gifts or letters repeatedly after being refused

How to Document Stalking — Critical Before Filing

Documentation is essential for a strong complaint:

1. Save all digital communications — screenshots of messages, calls, emails with timestamps. Do not delete anything.
2. Note dates, times, and locations of physical stalking incidents in a diary or phone notes.
3. Identify witnesses — neighbours, colleagues, or anyone who has seen the stalker.
4. CCTV footage — request footage from your building, workplace, or nearby businesses for incidents you can identify by date and approximate time.
5. Preserve phone call records — your service provider can give call detail records (CDR) for blocked numbers too, through a court order.

How to File a Stalking Complaint in Pune

1. Visit the nearest police station — in Pune, you can report to the jurisdictional police station (where the stalking occurred) or the Women’s Anti-Stalking Cell at the Pune Police Commissioner’s office.
2. For cyberstalking — file at the Pune City Cyber Police Station or at cybercrime.gov.in.
3. Demand an FIR — police must register an FIR for stalking (it is a cognisable offence). If refused, escalate to the Senior Police Inspector or DCP (Women’s Cell).
4. Seek a protection order — simultaneously apply to the JMFC under the PWDVA for a protection order if the stalker is someone you have a domestic relationship with.

What If Police Do Not Act?

If the police refuse to register an FIR, you can: (1) file a complaint to the Senior PI or DCP (Women’s Cell) of Pune Police; (2) send the complaint to the Superintendent of Police (SP) by registered post; (3) file a complaint before the Judicial Magistrate under S.223 BNSS — the Magistrate can direct police to register an FIR and investigate.

Frequently Asked Questions

Is stalking a bailable or non-bailable offence?

Stalking under S.77 BNS is a bailable offence for a first conviction, and non-bailable for second and subsequent convictions. This means the police can grant bail at the police station level for a first offence. However, for repeat stalkers or where the threat to safety is serious, anticipatory bail may still be relevant if the accused apprehends arrest on a stronger associated charge.

Can I get a restraining order against the stalker?

India does not have a standalone restraining order system like some other countries, but several mechanisms achieve the same effect: (1) Under the DV Act, a protection order can prohibit contact and proximity; (2) In the bail order (if the stalker is arrested), the court can impose no-contact conditions; (3) A civil court injunction can be obtained prohibiting the person from approaching you. Your lawyer will advise which is fastest and most appropriate for your situation.

Can a man file a stalking complaint against a woman in India?

Section 77 BNS as written specifically covers stalking of a woman by a man. A man being stalked by a woman or by another man would need to use other provisions — harassment (S.351 BNS), criminal intimidation (S.351 BNS), or cybercrime provisions under the IT Act. The substance of the protection is similar even if the specific statutory section differs.

Advocate Akash Chikate assists stalking and harassment victims in Pune with FIR filing, protection orders, and cybercrime complaints. Contact us immediately — your safety comes first.