Code – Section 77 BNS
Section 77 of Bharatiya Nyaya Sanhita (BNS) states:
Whoever watches, or captures the image of a woman engaging in a private act in
circumstances where she would usually have the expectation of not being observed either
by the perpetrator or by any other person at the behest of the perpetrator or disseminates
such image shall be punished on first conviction with imprisonment of either description for
a term which shall not be less than one year, but which may extend to three years, and shall
also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment
of either description for a term which shall not be less than three years, but which may extend
to seven years, and shall also be liable to fine.
Explanation 1.—For the purposes of this section, “private act” includes an act of
watching carried out in a place which, in the circumstances, would reasonably be expected to
provide privacy and where the victim’s genitals, posterior or breasts are exposed or covered
only in underwear; or the victim is using a lavatory; or the victim is doing a sexual act that is
not of a kind ordinarily done in public.
Explanation 2.—Where the victim consents to the capture of the images or any act,
but not to their dissemination to third persons and where such image or act is disseminated,
such dissemination shall be considered an offence under this section.
Explanation of Section 77 BNS
Section 77 BNS criminalizes voyeurism, which refers to watching, recording, or distributing images of a woman engaged in a private act without her consent. The law protects a woman’s right to privacy and ensures strict punishment for offenders.
Key Provisions:
- Essentials of the Offense:
- The victim must be a woman.
- The act must involve watching, capturing, or distributing private images.
- The act must be done without consent.
- The intent must be to violate privacy.
- Punishment:
- Up to 3 years imprisonment + fine (if the victim is an adult).
- Up to 7 years imprisonment + fine (if the victim is a minor).
- Nature of the Offense:
- Cognizable: Police can arrest without a warrant.
- Non-bailable: Bail is not easily granted.
- Triable by Sessions Court.
Illustrations
Example 1: Hidden Camera in a Changing Room
A shopkeeper installs a hidden camera in a trial room and records women changing. This falls under Section 77 BNS, and he can be punished for voyeurism.
Example 2: Secretly Filming in a Hostel or Private Residence
A man peeps into a women’s hostel and records videos of women through a window. If he is caught, he can be charged under Section 77 BNS.
Example 3: Sharing Intimate Images Without Consent
A person secretly records a woman in a private moment and shares the video online. This act falls under voyeurism, making him liable under Section 77 BNS.
Common Questions and Answers on Section 77 BNS
1. What is the difference between voyeurism and sexual harassment?
Voyeurism (Section 77 BNS) involves watching, recording, or sharing private acts, whereas sexual harassment (under Section 74 BNS – click here) involves physical or verbal acts meant to harass a woman.
2. Can a person be punished for attempting voyeurism?
Yes, even an attempt to watch or record a woman without consent can attract punishment.
3. What if the woman is in a public place?
If she is engaged in a private act, even in a public place (e.g., public washroom), voyeurism laws still apply.
4. Can the victim file an FIR directly?
Yes, voyeurism is a cognizable offense, and the victim can file an FIR at the nearest police station.
5. What if the offender is a minor?
If the offender is below 18 years, the Juvenile Justice Act provisions may apply, but the crime is still punishable.
Conclusion
Section 77 BNS ensures the privacy and dignity of women by criminalizing voyeuristic acts. The law provides strict punishment for offenders, especially when minors are involved.
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