Section 77 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 77 of the Bharatiya Nyaya Sanhita (BNS), 2023 – Voyeurism
Section 77 of the BNS, 2023, criminalizes voyeurism, encompassing the act of watching, capturing images, or disseminating images of a woman engaged in a private act without her consent. This provision aims to protect individuals from unwarranted invasion of privacy and exploitation of intimate moments.
Key Provisions:
Offenses Covered:
Watching or Capturing Images: Observing or recording a woman engaged in a private act where she has a reasonable expectation of not being observed.
Dissemination: Sharing or distributing such images without the woman's consent.
Punishment:
First Conviction: Imprisonment for a term not less than one year but which may extend to three years, and shall also be liable to a fine.
Second or Subsequent Conviction: Imprisonment for a term not less than three years but which may extend to seven years, and shall also be liable to a fine.
Explanation 1 – Definition of "Private Act":
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.
Where the victim's genitals, posterior, or breasts are exposed or covered only in underwear.
The victim is using a lavatory.
The victim is performing a sexual act that is not of a kind ordinarily done in public.
Explanation 2 – Consent and Dissemination:
If the victim consents to the capture of images or any act but not to their dissemination to third persons, and such image or act is disseminated, such dissemination shall be considered an offense under this section.
Legal Context:
This provision emphasizes the importance of consent and privacy, making it clear that even if a woman agrees to the capture of images or acts, sharing or distributing those images without her explicit consent is a punishable offense. The section aims to deter individuals from exploiting private moments and to uphold the dignity and autonomy of women.
RELATED Blog
0 comments