Introduction of Section 77 BNS
Section 77 BNS deals with the crime of voyeurism. This section makes it illegal for anyone to watch, capture, or share images of a woman engaging in a private act without her consent. The law aims to protect women’s privacy and dignity, especially in situations where they expect to be in private.
- Introduction of Section 77 BNS
- What is section 77 of BNS ?
- BNS Section 77 in Simple Points
- Section 77 BNS Overview
- BNS 77 Punishment
- BNS 77 bailable or not ?
- Bharatiya Nyaya Sanhita Section 77
- BNS Section 77 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is section 77 of BNS ?
Section 77 of the BNS is a legal provision that punishes voyeurism. It makes it a crime to watch, capture, or share images of a woman during a private act without her consent. The law provides strict punishments for those who violate this privacy, ensuring women’s rights to a private life are respected.
BNS Section 77 in Simple Points
- Voyeurism Defined: The section covers any act of watching, capturing, or sharing images of a woman engaging in private acts without her consent.
- Private Acts: Includes activities where a woman expects privacy, such as when her intimate areas are exposed or covered only by underwear, or when she is using a toilet or performing a sexual act not meant for public viewing.
- First Conviction Penalties: Punishment includes imprisonment for at least one year, which can go up to three years, along with a fine.
- Second or Subsequent Convictions: For repeat offenses, the punishment increases to imprisonment for at least three years, up to seven years, and a fine.
- Non-Consensual Sharing: If a woman consents to the image being taken but not shared, and it is still shared, this also constitutes an offense under this section.
Section 77 BNS Overview
BNS Section 77 is a legal provision under the Bhartiya Nyaya Sanhita (BNS) that makes it a crime to watch, capture, or distribute images of a woman during a private act without her permission. This law is designed to safeguard women’s privacy and prevent the unauthorized recording or sharing of images that could embarrass or harm them.
BNS Section 77: 10 Key Points Explained in Detail
- Purpose of the Law:
- BNS Section 77 is intended to protect women’s privacy. It prevents others from invading a woman’s personal space by secretly watching or recording her in private moments.
- Definition of Voyeurism:
- Voyeurism, as described in this section, involves secretly watching or capturing images of a woman during private activities where she expects privacy. This includes activities where her body is exposed or she is engaged in intimate acts.
- Private Acts Covered:
- The law defines a “private act” as an activity that is not meant to be seen by others. This includes situations where a woman’s genitals, posterior, or breasts are exposed or covered only by underwear, using a toilet, or performing a sexual act not meant for public view.
- Consent Matters:
- The law states that even if a woman consents to being watched or recorded, sharing these images without her permission is still a crime. Consent must be explicitly given for both recording and sharing.
- First Offense Punishments:
- For the first conviction under this section, the punishment includes imprisonment for a term that is not less than one year and can extend up to three years. The offender is also liable to pay a fine.
- Punishments for Repeat Offenses:
- If the offender is convicted for a second time or any subsequent times, the punishment is more severe. The imprisonment term ranges from three to seven years, and the offender must also pay a fine.
- Cognizable Offense:
- A cognizable offense means the police can arrest the accused without a warrant. This section is cognizable for both first and subsequent offenses, indicating the seriousness of the crime.
- Bailable and Non-Bailable Conditions:
- For the first offense, BNS Section 77 is bailable, which means the accused can apply for bail and may be released before trial. However, for second or subsequent offenses, it is non-bailable, making it more challenging for the accused to be released on bail.
- Non-Compoundable Offense:
- This offense is non-compoundable, meaning it cannot be settled between the victim and the accused privately. The case must be tried in court, ensuring that justice is served and the offender is held accountable.
- Trial by Court of Session:
- Offenses under this section are tried in a Court of Session, which handles more serious criminal cases. This ensures that cases of voyeurism are given the serious consideration they deserve in a higher court.
Examples of BNS Section 77
- Example 1: A person secretly records a woman while she is changing clothes in a private room and then shares the video with others without her consent. This act is punishable under BNS Section 77, with imprisonment ranging from one to three years for the first conviction, along with a fine.
- Example 2: Someone watches a woman using a toilet through a hidden camera and later disseminates the footage on the internet. For this violation of BNS Section 77, the offender could face imprisonment for three to seven years if it is a second or subsequent conviction, along with a fine.
BNS 77 Punishment
Imprisonment: For a first offense, the imprisonment is between one and three years. For second or subsequent offenses, imprisonment ranges from three to seven years.
Fine: In addition to imprisonment, the offender must also pay a fine. The amount of the fine is determined by the court based on the specifics of the case.
BNS 77 bailable or not ?
- First Offense: BNS Section 77 is bailable for the first conviction. This means the accused can apply for bail and may be released based on the court’s discretion.
- Second or Subsequent Offenses: For repeat offenses, BNS Section 77 is non-bailable, meaning bail is not easily granted, and the accused must remain in custody until trial
Bharatiya Nyaya Sanhita Section 77
| Section | Description | First Offense Punishment | Subsequent Offenses Punishment | Bailable/Non-bailable | Cognizable/Non-cognizable | Trial Court |
|---|---|---|---|---|---|---|
| 77 | Voyeurism, watching, capturing, or sharing images of a woman in private without consent | 1 to 3 years imprisonment and fine | 3 to 7 years imprisonment and fine | Bailable for first offense, non-bailable for subsequent offenses | Cognizable | Court of Session |
BNS Section 77 FAQs
What is BNS Section 77 about?
BNS Section 77 deals with voyeurism, making it illegal to watch, capture, or share images of a woman engaging in a private act without her consent.
What is considered a “private act” under Section 77?
A “private act” includes situations where a woman’s intimate parts are exposed or covered only by underwear, she is using a toilet, or she is engaged in a sexual act not meant for public viewing.
What is the punishment for a first offense under Section 77?
The punishment for a first offense is imprisonment for a minimum of one year, up to three years, along with a fine.
What happens if someone is convicted under Section 77 more than once?
For second or subsequent convictions, the punishment increases to imprisonment for a minimum of three years, up to seven years, along with a fine.
Is voyeurism under Section 77 a bailable offense?
Yes, the first offense under Section 77 is bailable. However, subsequent offenses are non-bailable.
Which court handles cases under BNS Section 77?
Cases under Section 77 are tried in a Court of Session, which handles serious criminal cases.
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