Stalking and Harassment by a Stranger on a Two-Wheeler — Legal Remedies When Police Fail to Act

One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Sneha Iyer, a young professional working in Gomti Nagar, Lucknow, was returning home late one evening around 9:30 PM on 2 May 2025. She had boarded an auto-rickshaw from her office when she noticed a man on a red motorcycle begin to trail the vehicle. He kept pace with the auto for nearly two kilometres, making obscene gestures and blowing kisses in her direction. When she got down near a popular eatery, he parked close by on the pretext of buying something from a nearby shop — clearly staying in her vicinity.

Sneha had the presence of mind to photograph the motorcycle's number plate, but the man noticed and sped away. She immediately contacted a women's safety helpline run by the local commissionerate. What followed was deeply discouraging. She was bounced between two police units, neither of whom showed any urgency. Officers asked her to physically appear at the station before anything could be done, questioned her about her personal address and family details, and expressed doubt about tracing a partial plate number — despite the incident occurring in an area covered by CCTV cameras.

A week gone. Nothing. Frustrated and still frightened, Sneha reached out to Advocate Sudhir Rao after a friend's referral. A formal representation was drafted, citing applicable provisions under the Bharatiya Nyaya Sanhita and BNSS, and addressed to the Senior Superintendent of Police. The CCTV footage request was formalised before it could be overwritten. Within days, the police unit that had earlier been dismissive was compelled to register a complaint and initiate tracing of the vehicle through RTO records. The matter moved because the approach was structured, documented, and legally grounded from the outset.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Document everything immediately: Write down the exact time, location, description of the accused, vehicle number (even partial), and any identifying features. Do this within hours of the incident. Memory fades faster than you'd expect, and courts genuinely value contemporaneous notes over something reconstructed days later.

Preserve digital evidence: If the incident occurred near a commercial area, CCTV footage may only be retained for 7 to 15 days. A lawyer can formally write to the establishment or police to preserve this evidence before it gets overwritten. Don't wait. Frankly, this is where most victims lose their strongest proof.

Engage a domain-experienced advocate: Stalking and harassment matters under the BNS involve specific evidentiary thresholds and procedural steps that a general practitioner won't always be fully across. An advocate who regularly handles criminal matters involving women's safety will know how to trigger the right mechanism — whether that's a Section 173(4) BNSS representation to the SP or a private complaint before a Magistrate — far more efficiently than someone piecing it together for the first time.

Applicable Sections of Law

This matter is criminal in nature. The following provisions of the Bharatiya Nyaya Sanhita, 2023 and the Bharatiya Nagarik Suraksha Sanhita, 2023 are directly applicable:

• Section 78 BNS (Stalking): Covers any man who follows, contacts, or monitors a woman without her consent, or despite a clear indication of disinterest. Repeated acts are specifically aggravated under this section.
• Section 79 BNS (Voyeurism/Obscene Acts in Public): Covers gestures or acts of obscene or sexually coloured nature directed at a woman in public spaces.
• Section 351 BNS (Criminal Intimidation): Applicable where the conduct is intended to cause alarm or coerce the victim.
• Section 173(4) BNSS: Empowers a victim to approach the Superintendent of Police directly if the police station refuses or fails to register an FIR in a cognizable matter.

And here's the thing — these aren't obscure provisions. They're well-established, widely applicable, and the police know them. Which makes their routine inaction all the more difficult to excuse.

Punishment and Penalties

• Section 78 BNS — First conviction: Imprisonment up to 3 years and fine.
• Section 78 BNS — Second or subsequent conviction: Imprisonment up to 5 years and fine. The repeat nature of the conduct in this case strengthens the charge.
• Section 79 BNS: Imprisonment which may extend to 3 years, along with fine.
• Cognizable: Yes. Police can arrest without a warrant.
• Bailable: First offence under Section 78 BNS is bailable; second conviction is non-bailable.
• Compoundable: No. The State prosecutes; the victim cannot unilaterally withdraw the case.

Jurisdiction — Where to File the Case

The FIR must be lodged at the police station within whose territorial jurisdiction the incident occurred. Since the stalking took place along a specific road and culminated at a fixed location, the police station covering that area has primary jurisdiction. If the police refuse to act, the complaint can be made to the SP under Section 173(4) BNSS, or a private complaint can be filed before the Judicial Magistrate First Class (JMFC) with jurisdiction over that area. Now, before you act — getting jurisdiction right matters more than most people realise. Filing at the wrong station can delay your case by weeks and give the accused time to destroy evidence.

What if Police Refuse to File FIR?

This, unfortunately, is a common problem in stalking cases. Here's what you can do if the police are uncooperative:

• File a written representation addressed to the Superintendent of Police under Section 173(4) BNSS, detailing the refusal and the facts of the incident.
• File a private complaint directly before the Judicial Magistrate First Class under Section 175(3) BNSS — the Magistrate can direct the police to investigate.
• Approach the High Court under Article 226 of the Constitution seeking a writ of mandamus directing the police to register the FIR, as affirmed in Lalita Kumari v. Government of UP, 2014, where the Supreme Court held that registration of FIR is mandatory in cognizable offences.
• Retain records of all communications with police — timestamps, names of officers spoken to, and any written refusals.

Rights of the Accused

Even in serious stalking matters, the accused retains certain fundamental rights under the Constitution and BNSS:

• Right against self-incrimination under Article 20(3) of the Constitution — the accused cannot be compelled to be a witness against himself.
• Right to legal representation under Article 22 — the accused must be informed of his right to engage a lawyer at the time of arrest.
• Right to be produced before a Magistrate within 24 hours of arrest under Article 22(2) and Section 58 BNSS.
• Right to receive a copy of the FIR and to be informed of the grounds of arrest under Section 47 BNSS.
• Right to apply for bail at the appropriate stage, with reasons for detention clearly communicated.

Bail Provisions

For a first-time offence under Section 78 BNS, the offence is bailable, meaning the accused can seek bail as a matter of right at the police station itself. For a second or subsequent conviction, the offence becomes non-bailable, and bail must be sought before the Magistrate. Regular bail can be applied for under Section 480 BNSS before the Magistrate or under Section 483 BNSS before the Sessions Court. If the accused apprehends arrest, anticipatory bail under Section 482 BNSS can be sought before the Sessions Court. Bail conditions typically include surrender of passport, reporting to the police station periodically, and a specific direction not to contact or approach the victim in any manner. These conditions aren't optional suggestions — breach of them can land the accused back in custody fast.

Quashing of FIR / Case

Make no mistake: this route is genuinely difficult in stalking cases. An accused can approach the High Court under Section 528 BNSS (which replaces Section 482 CrPC) to seek quashing of an FIR. Grounds for quashing typically include no prima facie offence disclosed on the face of the FIR, manifest abuse of the process of court, or — where the offence is compoundable — a genuine settlement between the parties. But stalking under Section 78 BNS is not compoundable. Quashing in such cases is therefore much harder, and courts apply the test laid down in State of Haryana v. Bhajan Lal, 1992 strictly. The accused would need to demonstrate exceptional circumstances to succeed in a quashing petition.

If You Are the Victim

• Go to the police station in the jurisdiction where the incident occurred and insist on a written acknowledgment of your complaint — do not leave without a receipt or diary entry number.
• If the police are dismissive, escalate immediately to the SP's office in writing under Section 173(4) BNSS — do not wait for days hoping the situation improves on its own.
• Request preservation of CCTV footage in writing as soon as possible, addressed both to the police and to the premises owner — footage is typically overwritten in 7 to 15 days.
• Don't share your home address or personal family details with police officers beyond what is strictly necessary for the complaint — a good advocate will manage those disclosures for you.
• Keep a personal written log of every interaction with police, noting names of officers, dates, and what was said — this becomes important if you need to escalate.

Documents You Must Keep Ready

• Government-issued photo identity proof (Aadhaar card, PAN card, or Voter ID)
• Written account of the incident — prepared and dated as close to the event as possible
• Screenshots of any calls or messages made to the helpline or police, with timestamps
• Partial or full vehicle registration number noted in writing
• Names and contact details of any witnesses who were present
• Photographs taken at or near the scene (even if the accused is not clearly visible)
• Any written communication from police acknowledging receipt of your complaint
• Location data or app-based cab/auto-booking records confirming your route and time

What Evidence Is Required?

• CCTV footage from the area where the incident occurred — this is primary electronic evidence under Section 61 of the Bharatiya Sakshya Adhiniyam, 2023.
• Vehicle registration details traced through the RTO database using even a partial number plate — police have the legal authority and obligation to use this.
• Witness statements from auto-rickshaw driver, shopkeepers, or bystanders who were present at the scene.
• Call records to helpline numbers confirming the complaint was made close in time to the incident.
• Contemporaneous written account of the incident prepared by the victim shortly after it occurred.
• Location data from a ride-hailing app (like Ola or Rapido booking records) confirming route, time, and drop point.
• Medical or psychological report (if the victim sought any evaluation post-incident) supporting the mental distress caused.

How the Police Behave in Such Cases

Bluntly put — not well. Stalking complaints, especially those without a full video or complete vehicle number, are frequently met with skepticism at the station level. Officers may insist the victim appear in person even for preliminary steps, ask probing questions about the victim's personal life, or suggest the matter is too minor to pursue. This attitude directly contradicts the mandatory FIR registration requirement affirmed in Lalita Kumari v. Government of UP, 2014. Specialised women's safety units sometimes improve the experience, but they too can be understaffed and dismissive. A formally worded legal representation changes the dynamic quickly. Police respond differently when they know a lawyer is involved and the matter is being documented. That's just the reality of how these things work on the ground.

Timeline of Legal Process

• Day 1–3: File complaint at police station; obtain written acknowledgment; simultaneously write to SP if registration is refused.
• Week 1–2: FIR registered; police begin investigation, including CCTV review and RTO database search for vehicle.
• Week 2–6: Accused identified and summoned or arrested; statements of witnesses recorded under Section 180 BNSS.
• Week 6–12: Chargesheet filed before Magistrate (within 60 days if accused is in custody, 90 days otherwise) under Section 193 BNSS.
• Month 3–5: Court takes cognizance; summons or warrant issued to accused; charges framed.
• Month 5–18: Trial — examination of prosecution witnesses, cross-examination, defence evidence.
• Month 18–24+: Final arguments, judgment, and if needed, appeal to Sessions Court or High Court.

Facing a similar matter? Speak to a Delhi criminal defence lawyer — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.