Molestation, eve-teasing or stalking — how to file a police complaint in India: BNS s.74 (old IPC 354), s.75, s.78 stalking (old 354D), s.79 (old 509), woman officer to record statement, online stalking, Magistrate statement, victim compensation (2026)
Plain guide for a woman or girl (or her family) facing touching or groping, lewd remarks or gestures, being followed, repeated unwanted contact, online stalking or obscene messages: which BNS sections apply, how to report safely (112, 181, police station, online), her rights while giving the complaint, evidence to keep, what happens next, and other routes like the workplace committee or POCSO for minors. Educational only — not legal advice. Adhiwakta does not file complaints or contact the police or any person.
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If you are in danger right now
Call 112 (national emergency, also through the 112 India app) or the women’s helpline 181. Move to a safe, public place and tell someone you trust. Note the time and place, and if it is safe, the person’s description, vehicle number or phone number. For a girl under 18, also call 1098 (Childline).
Which law applies
Since 1 July 2024 the Bharatiya Nyaya Sanhita, 2023 applies. Assault or use of force intending to outrage a woman’s modesty (groping, pulling clothes) — BNS s.74, old IPC 354 (1 to 5 years and fine). Sexual harassment — unwelcome physical contact, demand for sexual favours, showing pornography, sexually coloured remarks — s.75, old 354A. Voyeurism (watching or capturing private images) — s.77, old 354C. Stalking — following, repeatedly contacting despite clear disinterest, or monitoring her internet, email or electronic communication — s.78, old 354D (up to 3 years on first conviction, up to 5 on repeat). Words, sounds, gestures or objects meant to insult a woman’s modesty — s.79, old 509 (up to 3 years and fine). Threats can add s.351 (criminal intimidation, old 506). Online sharing of private images or obscene content can also attract IT Act s.66E / s.67.
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Write in Hindi or English · general guidance, not legal advice
How to file the complaint
Go to any police station — it must register an FIR for a cognizable offence regardless of where the incident happened (BNSS s.173, Zero FIR), or file an e-FIR / online complaint where your State allows it and sign within three days. Under the first proviso to s.173(1), when a woman reports offences under BNS ss.74–79 (and sexual offences), her information is to be recorded by a woman police officer or any woman officer. If she has a temporary or permanent disability, it is to be recorded at her home or a place of her choice, videographed, and her statement recorded by a Magistrate. You are entitled to a free copy of the FIR (s.173(2)). Many police stations have a Women Help Desk.
Evidence to keep
Write down what happened as soon as you can — date, time, place, words used, witnesses. Save screenshots with the profile / number visible, call logs, messages, emails, and the links of posts; do not delete chats even if upsetting. Note nearby CCTV cameras (shops, metro, society gates) and tell police quickly, because footage is often overwritten in days. For online stalking or obscene messages, report on cybercrime.gov.in (it has a women / children category) and use the platform’s report tools, but keep your own copies first.
What happens after the FIR
Police investigate, record statements, collect CCTV and phone records and may arrest the accused depending on the offence. You can also have your statement recorded before a Magistrate under BNSS s.183 (old CrPC 164), which carries weight at trial. You can ask the investigating officer for updates and, if police do not register or act, write to the SP / DCP (s.173(4)) and then approach the Magistrate (s.175(3)). If threatened to withdraw the case, report the threats in writing — that is a separate offence.
Other forums that can help
At the workplace, a complaint can also go to the Internal Committee (or the Local Committee at district level) under the POSH Act, 2013, alongside or instead of a police complaint. The National Commission for Women and State Women Commissions accept complaints online. In schools and colleges, the institution’s committee and the anti-ragging mechanism can act. If the victim is under 18, the POCSO Act applies — the police and Child Welfare Committee have special duties.
Privacy, support and compensation
You can ask police and the court to keep your identity private; for sexual offences, BNS s.72 bars publishing the victim’s identity. One-stop centres (Sakhi) in districts offer counselling, medical and legal support. Victims can apply to the District Legal Services Authority for victim compensation under BNSS s.396 (old 357A), and NALSA helpline 15100 guides on legal aid.
Avoid these mistakes
Do not confront the person alone or post accusations naming them publicly — it can affect your safety and create a defamation counter-case. Do not ‘settle’ by phone under pressure; serious offences such as s.74 cannot be compromised privately. Do not delay unnecessarily: a prompt complaint is stronger, though a delay with good reason does not end the case.
How Adhiwakta can help
We do not file complaints or contact the police, the accused or anyone else. In danger, call 112 or 181 first. Adhiwakta is a facilitation platform, not a law firm. We do not file cases, appear before any authority, or promise any result. Use Ask Adhiwakta to describe your situation for general guidance from an independent advocate, or start with the AI helper to organise your facts and papers. Educational only — not formal legal advice.
Have a related question?
Frequently asked questions
- What is the new section for molestation instead of IPC 354?
- BNS s.74 (assault or criminal force to outrage a woman’s modesty) replaced IPC 354 from 1 July 2024. Sexual harassment is s.75 (old 354A), stalking s.78 (old 354D), and insulting words or gestures s.79 (old 509).
- Is stalking on Instagram or WhatsApp an offence?
- Yes. BNS s.78 covers monitoring a woman’s use of the internet, email or electronic communication and repeated contact despite clear disinterest. Report on cybercrime.gov.in and to police, and keep screenshots.
- Can a woman insist on a woman officer recording her complaint?
- Yes. For offences under BNS ss.74–79 and sexual offences, BNSS s.173(1) says the woman’s information is to be recorded by a woman police officer or any woman officer.
- Can I file an FIR for eve-teasing at any police station?
- Yes. Under BNSS s.173 (Zero FIR) any police station must register the FIR for a cognizable offence and transfer it to the right station. Many States also allow e-FIR, signed within three days.
- What is the punishment for stalking?
- Under BNS s.78, imprisonment up to 3 years and fine on first conviction, and up to 5 years and fine on a second or later conviction.
- Can a molestation case be compromised?
- Serious offences like BNS s.74 cannot be settled privately; only the High Court can quash in limited cases. Do not accept pressure to withdraw — report threats in writing.
- Where else can I complain apart from police?
- The workplace Internal Committee under the POSH Act, the National / State Commission for Women, the school or college committee, and for online abuse the cybercrime.gov.in portal. Helplines: 112, 181, and 1098 for children.
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