Being Cyberstalked or Harassed Online? Your Legal Options
If you're being cyberstalked in India, BNS Section 78 covers online stalking, with IT Act sections addressing identity theft, privacy violations, and obscene content. File a complaint at cybercrime.gov.in or walk into any cyber cell or police station, since Zero FIR means they cannot turn you away for jurisdiction reasons. Save timestamped screenshots and message threads immediately, before the harasser deletes them.
Getting messages from a stranger who won't stop, having your photos morphed and circulated, or finding someone tracking your location through social media is frightening, and most people freeze because they don't know where to start. The good news is that Indian law does cover this ground, and the process is more accessible than most people assume. Here is what actually applies and what to do in the first 48 hours.
What the Law Actually Covers
Online stalking and harassment aren't treated as one single offense. Depending on what happened, you could be looking at identity theft, obscenity, criminal intimidation, defamation, or stalking, each with its own section and its own evidence requirements.
Under the Bharatiya Nyaya Sanhita (BNS), which replaced the IPC in July 2024, Section 78 deals with stalking. It covers a person who follows or contacts someone despite a clear indication of disinterest, and it explicitly includes monitoring a person's use of the internet, email, or any other form of electronic communication. First conviction can mean imprisonment up to three years with a fine, and it goes up to five years for a repeat offense. This is the section that most directly fits a stalker who keeps messaging you, creates fake profiles to track you, or watches your online activity obsessively. Note that Section 78 is gender-specific under the law, it applies to a man stalking a woman. If the stalker is a woman, or the victim is male, this particular section does not apply, though the IT Act provisions and criminal intimidation charges discussed below are gender-neutral and still available.
The IT Act Provisions That Apply
The Information Technology Act, 2000 fills in the gaps that BNS doesn't cover as precisely.
Section 66C punishes identity theft, meaning someone fraudulently using your password, electronic signature, or any unique identifying feature, like setting up a fake account in your name. Section 66E covers violation of privacy: capturing, publishing, or sending images of a person's private area without consent, which matters a lot in cases involving hidden cameras or leaked intimate images. Section 67 punishes publishing or transmitting obscene material electronically, and Section 67A goes further for sexually explicit material, carrying heavier penalties on conviction.
If the harasser is sending threats, that can also invite criminal intimidation charges under BNS, and if they're spreading false or damaging claims about you, defamation provisions may apply too. A lawyer reviewing your specific screenshots can tell you exactly which sections fit, since the punishment and procedure shift depending on the combination.
Where to File: cybercrime.gov.in and Your Local Cyber Cell
You have two parallel paths, and you don't need to choose just one.
The National Cyber Crime Reporting Portal at cybercrime.gov.in, run under the Ministry of Home Affairs, lets you file a complaint online without visiting a police station first. It has a dedicated category for crimes against women and children, and complaints there can be filed anonymously in sensitive cases. You'll need to create an account, describe the incident, and upload your evidence.
You can also walk into any cyber cell or even your nearest police station and file a complaint or FIR directly. Under the "Zero FIR" principle, police cannot turn you away just because the alleged crime happened outside their jurisdiction. If an officer refuses to register your complaint, you're entitled to escalate to the Superintendent of Police or approach a magistrate directly. Don't let anyone tell you cybercrime "isn't a real case" until you've seen a written response.
Evidence: Collect It Before They Delete It
This is the step people skip in the panic of the moment, and it's the one that decides whether your case holds up.
Take full screenshots that show timestamps, usernames, and profile URLs, not cropped snippets. Save message threads as PDFs where the platform allows it. Note down account handles, profile links, and any phone numbers or email addresses connected to the harasser. If it's a call, save call logs and recordings if you made any legally. Keep a simple dated diary of what happened and when, since memory fades and a contemporaneous record carries weight later.
Do this immediately, because harassers frequently delete accounts or messages once they sense they're being reported.
Protection Orders and Interim Relief
Depending on your situation, courts can pass restraining or protection orders directing the harasser to stay away from you or stop contact, and in cases involving family or intimate partners, remedies under the Protection of Women from Domestic Violence Act may also be available. What relief fits best depends heavily on your relationship with the harasser and the specifics of the conduct, so this is worth confirming with a lawyer rather than assuming one route applies.
Vaksy can connect you with a verified advocate on the platform who understands cybercrime and harassment cases specifically, and who can guide you through filing, evidence, and any protection order you may need, in your own language. You don't have to figure this out alone or wait until it escalates further.
Get this reviewed for your case. General guides don't know your state, your facts, or your deadline. Vaksy matches you with a verified advocate on the platform who can review your situation and draft what you need, in your own language.