Question 1

Does BNS protect against cyber-stalking?

Accepted Answer

Yes, Section 78 specifically includes monitoring of internet and electronic communication.

Question 2

Is there any change in the bail status for these crimes?

Accepted Answer

Mostly no. Sexual Harassment remains bailable, while Stalking/Voyeurism are bailable for the first offence and non-bailable for subsequent ones.

Question 3

Are Sections 354A, 354B, 354C, and 354D all post-Nirbhaya provisions?

Accepted Answer

Yes — all four were introduced by the Criminal Law (Amendment) Act 2013 in response to the December 2012 Delhi gang rape. They created standalone offences for sexual harassment (354A), intent to disrobe (354B), voyeurism (354C), and stalking (354D).

Question 4

Is digital/cyber stalking covered under Section 354D/BNS 78?

Accepted Answer

Yes — Section 354D explicitly includes monitoring a woman's use of the internet, email, or any electronic communication. GPS tracking, social media monitoring, and email surveillance all constitute stalking under Section 354D/BNS 78.

Question 5

What is the escalated punishment for repeat stalking offenders?

Accepted Answer

First conviction: up to 3 years, Bailable. Second or subsequent conviction: up to 5 years, Non-Bailable. This escalating structure recognises stalking as a compulsive behaviour requiring stronger deterrence for repeat offenders.

Sexual Harassment, Voyeurism & Stalking: IPC 354A-D vs BNS 75-78

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