Cyberstalking is one of the most complicated forms of technology-enabled violence in the new digital era. Although India has updated its criminal law system by passing the Bharatiya Nyaya Sanhita, 2023 and is still using the Information Technology Act, 2000 to address cyber-related crimes, the framework of dealing with cyberstalking is still poorly developed and inadequately organized. The paper provides a critical examination of the current Indian legal framework which deals with cyberstalking, and also points out structural gaps and also assesses enforcement and jurisdictional obstacles. It further explores other jurisdictional comparative developments in order to point out some of the preventive and victim-centred measures like digital protection orders and expedited content removal tools. The paper makes the case in favor of a radical, gender-neutral with technological adaptability legislative change. The paper concludes that India needs to shift towards reactive criminalisation to proactive regulation of digital safety, so that it could adequately respond to the new types of technology facilitated abuse.