Code – Section 79 BNS
Section 79 of Bharatiya Nyaya Sanhita (BNS) states:
Whoever, intending to insult the modesty of any woman, utters any words, makes
any sound or gesture, or exhibits any object in any form, intending that such word or sound
shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon
the privacy of such woman, shall be punished with simple imprisonment for a term which may
extend to three years, and also with fine.
Explanation of Section 79 BNS
What Constitutes an Offense Under This Section?
This law criminalizes any verbal, non-verbal, or physical act that is intended to insult a woman’s modesty or violate her privacy.
Key Elements of the Offense:
- Words or Sounds: Lewd remarks, catcalling, or sexually suggestive comments.
- Gestures or Actions: Inappropriate hand gestures or physical harassment.
- Displaying Objects: Showing obscene materials or flashing.
- Intrusion of Privacy: Peeping, spying, or attempting to interfere in a woman’s personal space.
Illustrations
Example 1: Street Harassment
A man whistles or makes inappropriate comments at a woman walking on the road. This falls under Section 79 BNS.
Example 2: Offensive Gestures
A man makes obscene hand signals to a woman at a public place, intending to harass her. He can be punished under Section 79 BNS.
Example 3: Privacy Violation
A person peeps into a woman’s room or secretly records her without consent. This qualifies as an offense.
Common Questions and Answers on Section 79 BNS
1. Is this offense bailable or non-bailable?
- Bailable – The accused can seek bail.
2. Can online harassment be punished under this section?
Yes, sending offensive messages, videos, or images online with an intent to insult a woman is punishable under cyber laws and Section 79 BNS.
3. How is Section 79 BNS different from Section 78 (Stalking)?
- Section 79 BNS covers any act, word, or gesture intended to insult a woman’s modesty.
- Section 78 BNS deals with repeated following, contacting, or monitoring a woman without her consent.
🔗 Read Section 78 BNS on Stalking
4. What should a woman do if she faces such harassment?
- Report the incident to the police immediately.
- Collect evidence (videos, recordings, witness statements).
- Seek legal assistance for further action.
Conclusion
Section 79 BNS plays a crucial role in protecting women from verbal, non-verbal, and privacy-intrusive harassment. It ensures strict legal consequences to deter offenders and safeguard women’s dignity.
For legal guidance, visit ApniLaw today! 🚀
