Stalking and Cyberstalking Complaints in Odisha: Legal Action You Can Take
Stalking — whether following someone physically or persistently monitoring them online — is a specific criminal offence in India with clear provisions under BNS, and Odisha victims have both criminal and civil remedies including protection orders. Here is how to act.
By Advocate Debarchana Samal · 23 July 2026 · 9 min read
Stalking Does Not Have to Be Physical to Be a Crime
A common misconception is that stalking only counts if someone is physically following you. In reality, Indian law recognises both physical and digital stalking as the same offence. If someone repeatedly messages you after you've made it clear you're not interested, monitors your social media activity obsessively, creates fake profiles to contact you, or tracks your location without consent, this is stalking under the law — and it is time to take formal legal action rather than hoping it stops on its own.
When You Need a Lawyer
Reach out to a criminal lawyer if the stalker is escalating their behaviour, if police are treating your complaint casually or as a "personal matter," if the stalker is a former partner or family member and you need a protection order urgently, if you're unsure how to compile digital evidence for a cybercrime complaint, or if you want legal representation while the case proceeds through investigation and trial. A lawyer can help you move quickly for interim protection and ensure the complaint is framed under the correct legal provisions from the outset.
What Counts as Stalking Under BNS
Step-by-Step: Taking Legal Action
Preserve evidence immediately
Screenshot every message, call log, and profile with visible timestamps. Do not delete anything, even messages that upset you — they are your strongest evidence.
Report online stalking on the National Cybercrime Portal
File a complaint at cybercrime.gov.in, which has a dedicated section for crimes against women and children, for fake profiles, persistent messaging, or online monitoring.
File an FIR at the local police station or women's police cell
For physical stalking or a combination of physical and online conduct, file an FIR at the nearest police station. Prompt reporting helps preserve CCTV and digital trails.
Apply for a protection order if the stalker is close to you
If the stalker is a spouse, former partner, or family member, seek a protection order under the Domestic Violence Act alongside the criminal complaint, restraining further contact.
Build a safety plan alongside the legal process
Inform trusted people around you, adjust routines where practical, and keep emergency contacts ready while your case is investigated and heard.
Evidence Collection Specific to Cyberstalking
Digital evidence disappears or gets harder to trace over time, so act quickly. Save screenshots that clearly show the sender's username or profile, the message content, and the date and time — the phone or app's native screenshot function usually preserves this best. Keep a simple written log noting the platform, approximate time, and nature of each incident, especially for calls from unknown numbers. Where the police or a cyber cell need to trace an anonymous account, IP-related information from the platform may be sought through the investigation, so avoid deleting or blocking accounts until you've saved sufficient evidence, as blocking early can sometimes make it harder to establish a continued pattern.
Protection Orders Under the Domestic Violence Act
When the person stalking you is a husband, live-in partner, or family member, the criminal complaint can be combined with an application under the Protection of Women from Domestic Violence Act. This route allows courts to quickly pass a protection order restraining the person from contacting you, entering your residence or workplace, or communicating through any third party, providing an additional layer of civil protection alongside the criminal case.
Do not engage with the stalker directly to "reason" with them. Attempts to confront or negotiate with a stalker can escalate the situation. Document everything and route your response through the police and your lawyer instead.
Frequently Asked Questions
Is online stalking a criminal offence even if the stalker never approaches me physically?
Yes. BNS stalking provisions specifically include monitoring internet, email, or electronic communication use, in addition to physical following or contact despite disinterest.
What evidence should I collect for a cyberstalking complaint?
Screenshots with visible timestamps and usernames, saved call logs, and a simple dated log of incidents. Avoid deleting messages or blocking the person before saving sufficient evidence.
Can I get a protection order if the stalker is my husband or former partner?
Yes, you can apply for a protection order under the Domestic Violence Act alongside a criminal stalking complaint if the stalker is a spouse, former partner, or family member.
Where do I report online stalking specifically?
File a complaint at cybercrime.gov.in under the crimes against women and children category, or report to the local police station or cyber cell for an FIR.
What happens if the stalker is a repeat offender or continues despite a complaint?
Repeat stalking attracts enhanced punishment under the law. Any violation of a protection order or continued contact after a complaint should be reported immediately as a fresh, more serious violation.
Being Stalked or Harassed Online in Cuttack or Odisha?
Advocate Debarchana Samal handles stalking, cyberstalking, and harassment cases with urgency and discretion across Cuttack and Odisha courts. Contact us for a confidential consultation.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.
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