2 Answers
Dear Client,
Your situation requires legal clarity and a strategy to collect evidence effectively.
The definition of stalking as per section 78 of the BNS is gender-specific, i.e., only women may be the target of stalking by a male perpetrator. Hence as a male victim you do not have a direct legal recourse to section 78 of the BNS against your stalker.
However, if you have been stalked at the instigation of a woman, then that woman will be held liable under section 107 (Abetment) of the BNS and can be prosecuted under the BNS. This law does not specify gender and the term `will include any and all persons'.
Further, you can seek recourse under section 66E of the IT Act (Information Technology Act) since it is also gender-neutral. Section 66E protects all persons from an unauthorised capture or transmission of private photographs or video recordings, therefore you are entitled to legal recourse under this act regardless of your gender.
For generating admissible evidence, Section 63 of the Bharatiya Sakshya Adhiniyam, 2023, provides that electronic records are admissible as evidence in court if there is an accompanying certificate. To establish credible evidence of stalking, you will need to preserve digital and physical evidence of the stalking incidents.
To establish the identity of your stalker, you will need to create and maintain a collection of digital evidence (e.g., screenshots of all the calls/messages/social media interactions and emails) with timestamps, as well as physical evidence (i.e. a handwritten diary of all the stalking incidents with dates, times, and locations).
If the police declines to file your complaint under Section 66E of the Information Technology Act, 2000 (cognizable offense), I would suggest that you use the provisions of Section 173(4) of the Bharatiya Nagarik Surakhsha Sanhita of 2023 to send your complaint in writing to the Superintendent of Police for the applicable jurisdiction; if the Superintendent determines that there is enough information to support a cognizable crime, the Superintendent must either investigate the matter or assign a subordinate officer to do so. If the Superintendent does not find cause to take action, you can then apply to the nearest Magistrate for orders to register a First Information Report and to conduct an investigation.
I hope this helps, and if you have any further issues, do not hesitate to contact us.
Dear Client,
To generate proper evidence for cyber‑stalking, you should save the messages, posts, emails, or call logs evidencing such stalking as screenshots, full‑chat prints, or backup files. Make sure the date, time, sender’s name or number and content are clearly visible. Secondly, if the police is refusing to take your complaint, you can still file a formal complaint online at the National Cyber Crime Reporting Portal (cybercrime.gov.in), attaching all the saved evidence, and later approach the District Cyber Cell, or approach the SP/DCP, or a Magistrate under Section 156(3) of CrPC/ Section 175(3) of BNSS if needed.
I hope this helps and if you have any further issues do not hesitate to contact us.