BNS Section 77 : Voyeurism

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 BNS Section 77

• 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

Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?

Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:

• Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
• Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
• Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
• Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.