What exactly is Section 78 BNS?
Section 78 of the Bharatiya Nyaya Sanhita, 2023 (BNS) which subsumes the earlier Section 354D IPC, provides a statutory response to cyberstalking, particularly where a man frequents or makes contact with a woman over cyberspace or without her approval. This involves messaging, emailing, spying her internet activity or misusing her photos and other information.
As an illustration, when a woman is being continuously messaged by an individual whom she barely knows, or when they block them, that person creates new accounts, this is considered to be cyberstalking. It is irritating and is punishable under the law. A cyber crime lawyer can help file the right complaint under Section 78 BNS along with applicable provisions of the Information Technology Act, 2000.
Why IT Act Provisions Are Also Used
Cyberstalking rarely happens in isolation. It often involves violations under the IT Act, such as:
● Section 66E: Capturing or sharing private images without consent.
● Section 67: Publishing or transmitting obscene content.
● Section 72: Breach of privacy by unauthorized access.
For example, a college student had her modified photos being spread via false accounts. She reached out to one of the experienced cyber crime lawyers in India, who filed a complaint under Section 78 BNS and Section 67 of the IT Act. The takedown notices were also issued by the lawyer to the social media platform, which promptly removed the post.
How a Cyber Crime Lawyer Helps
A cyber crimes lawyer plays a crucial role. They will not only make sure that your FIR is done right, but they will also lead you through the stages of gathering evidence such as screenshots of chat history, emails, URLs, etc. Particularly, it is required when the police drag their feet or reject your complaint.
Imagine that someone has spied on your Internet activity: they like all posts, comment on unusual things or appear wherever you go. This action is not hard to escalate. When handled by an experienced cyber crime lawyer, your case can move faster and with stronger legal backing.
Submission of the Complaint
The complaints can be initiated online by going into the National Cyber Crime Reporting Portal at cybercrime.gov.in by the victims. Most complainants, however, will not take the activity further without legal backing, as the process becomes stagnated or the complaint dismissed. That’s when consulting cyber crime lawyers in India becomes essential.
Whether you're in a metro city or a smaller town, you can always search for a cyber crime lawyer or cyber crimes lawyer online.
FAQs
Q1: Is the Section 78 BNS of gender-specific character?
Yes. It is specifically to guard women against cyber stalking. Nevertheless, victims of men are eligible to ask help based on other sections of the IT Act.
Q2: Is there evidence required to file a complaint?
Yes. Screenshot, conversation logs, email communications, link to profiles, etc. A cyber crimes lawyer will help organize them legally.
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