Section 77 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 77 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the offence of voyeurism, specifically targeting the act of observing, recording, or distributing images of a woman engaged in a private act without her consent. This provision aims to protect individuals' privacy and dignity, acknowledging the violation and trauma that such acts can cause.
📜 Text of Section 77
Section 77. Voyeurism
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.
⚖️ Key Points
Definition of Voyeurism: The act involves watching, recording, or distributing images of a woman engaged in a private act without her consent.(
Private Act: Includes situations where the woman has a reasonable expectation of privacy, such as undressing, using a lavatory, or engaging in sexual acts not typically performed in public.
Consent and Dissemination: Even if the woman consents to the capture of images or acts, sharing or distributing those images without her explicit consent is considered an offence under this section
Punishment:
First Conviction: Imprisonment for a term not less than one year, which may extend to three years, along with a fine.
Second or Subsequent Conviction: Imprisonment for a term not less than three years, which may extend to seven years, along with a fine.
🔄 Comparison with IPC
Section 77 of the BNS, 2023, aligns with Section 354C of the Indian Penal Code (IPC), which also addresses voyeurism. The BNS provides a more detailed framework and modernized language, reflecting India's evolving approach to privacy and consent.
🧠 Practical Implications
This provision is particularly relevant in the context of public spaces, workplaces, and digital platforms, where individuals may be vulnerable to privacy violations. By criminalizing voyeuristic behavior and the unauthorized dissemination of intimate images, Section 77 aims to uphold the dignity and autonomy of individuals, ensuring that their private moments are respected and protected by law.
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