BNS Section 79: Word, Gesture or Act Intended To Insult Modesty of a Woman
Section 79 of BNS is part of Chapter 5 - Offences Against Women and Children Of Sexual Offences in Bharatiya Nyaya Sanhita 2023 Act. which addresses offences related to the modesty and dignity of individuals. This section specifically deals with acts, words, or gestures intended to insult the modesty of a woman. It criminalises actions where a person deliberately engages in behavior—whether verbal, physical, or symbolic—that is intended to harm a woman's sense of dignity and modesty.
Definition of BNS Section 79
Section 79 of the BNS 2023 States:
Whoever, intending to insult the modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object in any form, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine
Explanation and Illustration of Section 79 (Bharatiya Nyaya Sanhita, 2023)
Explanation:
Acts Constituting the Offense: A person is guilty under this provision if they intentionally do any of the following acts:
Utters Words: Speaking offensive or disrespectful words that are intended to insult a woman’s modesty.
Example: Making lewd comments or suggestive remarks about a woman in public.
Makes Any Sound or Gesture: Using sounds (e.g., whistling, cat-calling) or gestures that are vulgar or demeaning.
Example: Whistling or making inappropriate hand gestures towards a woman walking down the street.
Exhibits Any Object: Showing or displaying objects intended to demean or embarrass a woman.
Example: Showing offensive pictures or items to a woman with the intent to insult her.
Intrudes Upon Privacy: Entering a woman’s personal space or violating her privacy in any manner.
Example: Peeking into a woman’s room or using devices like cameras to invade her privacy.
Intent Requirement: The offender must have acted with the intention to insult the modesty of the woman. Even if the intended effect (insult) does not occur, the mere act, with the requisite intent, is punishable.
Punishment:
Examples:
Key Points of BNS Section 79
This offense involves actions aimed at insulting a woman's modesty. These actions include:
The act must be carried out with the purpose of insulting the woman's modesty. This means the offender’s objective is to offend or demean the woman through their actions.
Punishment:
Differences Between Section 79 of BNS 2023 and its equivalent IPC Section
This section outlines the key differences between Section 79 and its equivalent Indian penal code IPC section 509 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 |
|---|---|---|---|
| 79 | Word, gesture or act intended to insult the modesty of a woman. | 509 | No change. |
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FAQs about Section 79 of the Bharatiya Nyaya Sanhita (BNS)
What is Section 79 of the Bharatiya Nyaya Sanhita?
Section 79 criminalizes any word, gesture, or act intended to insult the modesty of a woman. It is aimed at safeguarding women's dignity, protecting them from verbal, physical, or symbolic acts of disrespect.
What is the objective of Section 79?
The objective is to uphold the dignity of women by criminalizing acts that insult their modesty. It aims to create a safe environment, deterring inappropriate behavior and promoting societal respect for women.
What constitutes an offense under Section 79?
Any deliberate act, gesture, or word targeting a woman’s modesty constitutes an offense. This includes physical gestures, verbal harassment, or symbolic actions meant to offend or demean her dignity.
What is the punishment under Section 79?
The punishment includes imprisonment, a fine, or both, as per judicial discretion. The severity depends on the nature and impact of the offense, ensuring proportionate justice.
Does Section 79 cover online harassment?
Yes, online harassment, including offensive messages or gestures made via social media or electronic communication, falls under Section 79. It extends to all forms of communication targeting a woman’s modesty.
Is the intent to insult necessary for an offense under Section 79?
Yes, intent plays a crucial role. The prosecution must prove that the offender’s actions, gestures, or words were deliberately aimed at insulting a woman’s modesty.
Can men file complaints under Section 79?
No, this section specifically protects women. However, similar provisions may exist to address harassment or abuse faced by men under different sections of the law.
