BNS Section 77 : Voyeurism
Section 77 of BNS is part of Chapter 5 - Offences Against Women and Children Of Sexual Offences in Bharatiya Nyaya Sanhita 2023 Act. This section criminalises the act of voyeurism, emphasising the protection of an individual's privacy and dignity. It addresses situations where someone captures or observes a person in a private act without consent, intending to invade their privacy or use the material for exploitative purposes.
Definition of BNS Section 77
Section 77 of the BNS 2023 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 and Illustration of Section 77 (Bharatiya Nyaya Sanhita, 2023)
- Explanation 1 — For this section, a 'private act' includes observing someone in a location where privacy is reasonably expected under the circumstances. This includes situations where the victim’s genitals, buttocks, or breasts are exposed or only covered by underwear; when the victim is using a bathroom; or when the victim is engaging in a sexual act not typically done in public.
- Explanation 2 — If the victim consents to the taking of images or acts but does not consent to their distribution to others, then the act of dissemination will be considered an offense under this section.
- Example: A woman is in the privacy of her home, changing clothes in a room with the door closed. Without her knowledge, an individual secretly films her through a window or by other means and shares the video online. In this case, the perpetrator has violated her privacy under Section 77, as the woman had a reasonable expectation of not being observed during a private moment. The perpetrator would face imprisonment and fines for this offense, with harsher penalties for repeat offenses
Key Points of BNS Section 77
1. Any act of watching or observing a woman engaging in a private act without her consent is an offence.
2. The recording or taking of a picture, video, or any other form of imagery of the woman while she is engaged in a private act is considered privacy breach.
3. The woman must have a reasonable expectation of not being observed. This implies that the situation is one where she would typically expect privacy, such as in her home, while using the restroom, changing clothes, or other similar circumstances.
4. If the image captured is shared, distributed, or made public, the law also holds the perpetrator liable for such actions.
5. Punishment:
Differences Between Section 77 of BNS 2023 and its Equivalent IPC section
This section outlines the key differences between Section 77 and its equivalent Indian penal code IPC section 354C focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 77 | Voyeurism. | 354C | Ditto |
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FAQs about Section 77 of the Bharatiya Nyaya Sanhita (BNS)
What if the victim is unaware of the act?
Even if the victim is unaware, voyeurism is punishable. The law recognises the invasion of privacy as a violation, regardless of the victim's immediate knowledge.
How is voyeurism proven in court?
Proof often includes video evidence, witness testimonies, or digital forensics. Intent and lack of consent are key factors in establishing the offense.
Can victims file complaints anonymously?
Yes, provisions exist to protect the victim’s identity, ensuring they can report the offense without fear of public exposure or retaliation.
How does this law address digital voyeurism?
Section 77 covers acts committed using technology, such as secretly recording or sharing private moments through electronic devices, addressing modern forms of privacy violations.
What role does gender play in this law?
While voyeurism laws often focus on protecting women, Section 77 is gender-neutral, ensuring all individuals are protected from invasive acts.
Can employers be held liable for voyeurism at the workplace?
If an employer facilitates or fails to prevent voyeuristic acts in the workplace, they may face legal consequences under broader laws related to workplace harassment.
How does this law contribute to societal norms?
By penalising voyeurism, Section 77 promotes respect for privacy and dignity, fostering a safer and more respectful society. It serves as a deterrent to intrusive and exploitative behavior.
