Section 194 of the Bharatiya Nyaya Sanhita (BNS), 2023
๐น Section 194 โ Voyeurism
(From the Bharatiya Nyaya Sanhita, 2023)
๐งพ Bare Text Summary:
Section 194 deals with the crime of voyeurism, which is essentially about watching or capturing images of a woman in a private act without her consent and with a sexual intent.
โ๏ธ Essential Elements of the Offence:
This section says that a man commits the offence of voyeurism if he:
Watches, or
Captures an image of a woman, or
Disseminates such image (i.e., shares, spreads, publishes it)
While she is engaging in a private act, without her consent, and with the intention of getting sexual pleasure.
๐ Definition of "Private Act":
A private act includes situations where:
The woman expects privacy.
She may be:
Using a bathroom,
Undressing,
Engaged in a sexual act, or
Doing anything else considered private.
๐ซ Consent Matters:
If the woman does not know she is being watched or recorded, or
If she did not allow the act to be watched or recorded,
โ Then it is voyeurism.
๐งโโ๏ธ Punishment under Section 194 (BNS):
โ First Conviction:
Imprisonment: Not less than 1 year, may extend up to 3 years.
Fine: Also liable to fine.
Nature of Offence: Cognizable and Bailable.
โ Second or Subsequent Conviction:
Imprisonment: Not less than 3 years, may extend up to 7 years.
Fine: Also liable to fine.
Nature of Offence: Cognizable and Non-bailable.
๐ Important Points to Remember:
| Element | Explanation |
|---|---|
| Gender-specific | The law specifically refers to men committing voyeurism against women. |
| Consent is key | Even if an act is visible but done without consent, it becomes an offence. |
| Intent matters | The act must be done with sexual intent. |
| Second offence is more serious | Leads to longer imprisonment and becomes non-bailable. |
๐ Simple Example:
Suppose a man secretly records a woman while she is changing clothes in her room and then shares the video with friends for fun or sexual pleasure.
โก๏ธ This is a clear case of voyeurism under Section 194 of BNS.
If he is caught for the first time, he may face 1 to 3 years of jail.
If he does it again, punishment becomes more severe โ 3 to 7 years, and no automatic right to bail.
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