Stalking & Prolonged Staring: Myths, Reality & Legal Aspects (BNS & Case Laws) by Sakshi

Introduction

Stalking and prolonged staring are often dismissed as harmless actions, but in reality, they can have serious psychological and legal consequences. With the introduction of the Bharatiya Nyaya Sanhita (BNS), laws against stalking and harassment have been clearly defined, ensuring stricter penalties for offenders.

This blog explores the myths, realities, legal provisions, and key case laws related to stalking and prolonged staring.

Myths vs. Reality
Myth 1: Stalking is just harmless following
Reality:
Stalking is a serious offense that can cause fear, anxiety, and distress. Repeatedly following, watching, or contacting someone without their consent can make them feel threatened.

Myth 2: Looking at someone for 20 seconds is not a crime
Reality:
If staring is prolonged, makes someone uncomfortable, or has a bad intent, it may amount to sexual harassment. If someone feels unsafe due to continuous gazing, they can file a complaint under the law.

Myth 3: Cyberstalking is not as serious as physical stalking

Reality:
Cyberstalking can be even more dangerous, as it involves tracking someone’s online activities, sending threats, impersonating someone, or spreading false information. This can lead to severe mental distress and even physical harm.

Legal Provisions Under Bharatiya Nyaya Sanhita (BNS)
With the implementation of BNS, India’s criminal laws have been revised to ensure stronger protection against stalking and harassment.

1. Section 118 BNS – Sexual Harassment

What it Covers:
Unwelcome staring with bad intent
Making sexually colored remarks
Physical contact or demand for sexual favors
Punishment:
Up to 3 years imprisonment & fine

2. Section 119 BNS – Stalking
What it Covers:
Following, watching, or attempting to contact a woman despite her disinterest
Monitoring a woman’s activities through any means (physical or online)
Punishment:
First offense: Up to 3 years imprisonment or fine
Repeat offense: Up to 5 years imprisonment or fine

3. Section 356 BNS – Cyberstalking
What it Covers:
Tracking someone’s online activities without consent
Sending threatening messages, creating fake profiles, or hacking accounts
Sharing private information without permission
Punishment:
Up to 5 years imprisonment & fine

4. Other Relevant Sections
Section 63 BNS – Covers general harassment affecting a woman’s dignity.
Section 358 BNS – Punishes sending obscene or offensive content electronically.

Case Laws on Stalking & Prolonged Staring
1. Himanshu Sharma v. State (2022)
Facts: The accused persistently stared at a woman in a public place, making her uncomfortable.
Judgment: The court ruled that prolonged staring with bad intent amounts to sexual harassment under IPC (now covered under Section 118 BNS).
2. X v. State of Maharashtra (2023)
Facts: A man repeatedly followed and stared at a woman outside her workplace.
Judgment: The court convicted him under stalking laws, emphasizing that non-verbal harassment (staring) can also be an offense.

3. Shreya Singhal v. Union of India (2015)
Facts: This case challenged cyber laws in India, focusing on online harassment.
Judgment: The Supreme Court upheld the importance of strict cybercrime laws, leading to better definitions of online stalking under IT Act and now Section 356 BNS.
How to File a Complaint?
If you or someone you know is experiencing stalking or harassment, take the following steps:

For Physical Stalking or Prolonged Staring:

Step 1: Visit the nearest police station and file an FIR under Section 119 BNS (stalking) or Section 118 BNS (sexual harassment).

Step 2: Collect any evidence, such as CCTV footage or witness statements.
For Cyberstalking:

Step 1: File a complaint at the Cyber Crime Cell or visit cybercrime.gov.in.

Step 2: Take screenshots of threatening messages, emails, or online activities.
Step 3: Contact a lawyer if needed.

Conclusion
Stalking and prolonged staring are not minor offenses—they have serious legal consequences under BNS. If someone feels threatened, they should immediately report the matter to the authorities. The law is strict, and offenders can face up to 5 years in prison.

If you or someone you know is a victim, don’t hesitate to seek help. Legal protection is in place to ensure safety and justice.