Introduction of Section 79 BNS
BNS Section 79 of the Bharatiya Nyaya Sanhita (BNS) is a vital legal provision that protects the dignity and modesty of women in India. It deals with any word, gesture, sound, or action intended to insult a woman’s modesty or invade her privacy. This law ensures that women are safeguarded from verbal abuse, indecent gestures, offensive behavior, or any act that humiliates or intrudes upon their personal space. By penalizing such actions with imprisonment and fines, Section 79 highlights the seriousness of protecting women from harassment—whether in public or private spaces.
What is BNS section 79 ?
BNS Section 79 specifically deals with any behavior that aims to insult or offend a woman’s modesty. This can involve spoken words, gestures, or displaying objects in a way that is meant to be seen or heard by the woman, or any action that invades her privacy. The purpose of this section is to ensure that women are respected and protected from any form of insult or harassment.
BNS Section 79 in Simple Points
Bharatiya Nyaya Sanhita (BNS) Section 79 criminalizes any word, sound, gesture, or act intended to insult the modesty of a woman or intrude upon her privacy. This section ensures legal protection for women against offensive, indecent, or humiliating behavior.
It corresponds to old IPC Section 509, retained with restructuring under BNS 2023.
1. Meaning of Section 79
- If a person utters words, makes sounds, gestures, or exhibits any object intending that it be seen or heard by a woman, and the act is meant to insult her modesty, it becomes an offence.
- Similarly, if any person intrudes into the privacy of a woman with the same intention, the act falls under this section.
- The intention to insult or humiliate is the key ingredient.
2. Purpose of Section 79
The section aims to:
- Protect women’s dignity, modesty, and privacy from verbal, symbolic, or non-physical harassment.
- Recognize that harassment is not only physical—it can also be through words, gestures, or actions.
- Provide a legal remedy against psychological and emotional harassment.
- Deter individuals from engaging in behavior that undermines women’s self-respect.
3. Essential Ingredients of Section 79
For this section to apply, the following must be proved:
- Word, gesture, sound, or object is used or shown.
- The act must be intended to be heard or seen by a woman.
- Intention to insult her modesty must be established.
- Intrusion into a woman’s privacy with intent to humiliate also qualifies.
- The offence is complete even if no physical harm is caused—the insult itself is punishable.
4. Punishment under BNS Section 79
- Imprisonment: Simple imprisonment up to 3 years.
- Fine: The offender may also be liable to pay a fine.
- The dual punishment ensures both penal and financial consequences.
5. Examples of Section 79 in Action
- Example 1 (Verbal insult): A man makes obscene comments loudly so that a woman passing by hears them. This falls under Section 79.
- Example 2 (Gesture): A person makes vulgar hand signs directed at a woman. Such gestures amount to insulting modesty.
- Example 3 (Object display): A man shows obscene pictures intending a woman to see them. This is punishable.
- Example 4 (Privacy invasion): A person deliberately enters a woman’s private space to cause discomfort or embarrassment. This qualifies under Section 79.
6. Importance of Section 79
- Upholds women’s dignity and modesty in society.
- Provides a legal safeguard against harassment, even if non-physical.
- Strengthens the fight against eve-teasing, vulgar comments, and privacy intrusions.
- Reinforces the message that insulting women in any form is unacceptable under law.
Section 79 BNS Overview
BNSS Section 79 is an important provision that safeguards women from insults, humiliation, and invasion of privacy. It makes it a criminal offence to use words, gestures, sounds, or actions intended to insult a woman’s modesty. This section recognizes that an attack on a woman’s dignity may not always be physical—it can also be verbal, symbolic, or psychological—and ensures such acts are punishable under law.
Section 79 BNS Overview: 10 Key Points
1. Protects Women’s Dignity
The section’s primary aim is to protect women’s dignity and modesty. It acknowledges that women can face harassment not only through physical violence but also through words, gestures, or actions that are designed to humiliate them.
2. Broad Range of Offenses
This law is broad in scope. It applies to verbal insults, indecent gestures, offensive sounds, or any action meant to cause embarrassment or insult to a woman. For example, making obscene comments or gestures in public would fall under this section.
3. Intent is Key
For the offence to apply, there must be an intention to insult a woman’s modesty. If the act is accidental or unintentional, it may not count as an offence. This ensures that only deliberate acts of harassment are punished.
4. Includes Privacy Invasion
The section also covers invasions of a woman’s privacy. For instance, entering her personal space or making unwanted approaches that interfere with her sense of security can be considered an offence under this law.
5. Imprisonment as a Penalty
The punishment for this offence includes imprisonment for up to three years. This shows the seriousness with which the law treats even non-physical forms of harassment against women.
6. Imposes Fines
Alongside imprisonment, the court may also impose a fine on the offender. The financial penalty adds to the seriousness of the punishment and serves as a deterrent.
7. Immediate Arrest Possible
Since this is a cognizable offence, the police can arrest the accused without a warrant. This allows swift action to be taken against offenders and ensures immediate protection for the victim.
8. Right to Bail
Despite being a cognizable offence, this crime is bailable, meaning the accused has the right to apply for bail and may be released while awaiting trial. This strikes a balance between protecting women and ensuring due process for the accused.
9. Non-Compoundable
The offence is non-compoundable, which means it cannot be privately settled between the victim and the offender once a case has been filed. The matter must proceed through the courts to ensure justice is delivered.
10. Tried by Magistrate
Cases under Section 79 are usually tried by a Magistrate, who has the authority to handle such offences. The involvement of a judicial officer ensures that the matter is handled fairly and within the framework of law.
BNS 79 Punishment
Imprisonment: The offender can be sentenced to simple imprisonment for a term that can extend up to three years.
Fine: In addition to imprisonment, the offender may also be liable to pay a fine.
BNS 79 bailable or not ?
Bailable: Yes, offenses under BNS Section 79 are bailable, meaning the accused can apply for bail and potentially be released from custody.
Comparison: BNS Section 79 vs IPC Section 509
| Section | Offence | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 79 | Using words, sounds, gestures, or showing objects intended to insult a woman’s modesty or intrude upon her privacy. Broader coverage under BNS 2023. | Simple imprisonment up to 3 years, plus fine. | Bailable | Cognizable | Any Magistrate |
| IPC Section 509 (Old) | Word, gesture, or act intended to insult the modesty of a woman or intrude upon her privacy. Earlier provision before being replaced by BNS Section 79. | Simple imprisonment up to 3 years, plus fine. (Same as BNS Section 79) | Bailable | Cognizable | Any Magistrate |
The Bharatiya Nyaya Sanhita (BNS) Section 79 replaces the old Indian Penal Code (IPC) Section 509.
BNS Section 79 FAQs
What constitutes an offense under BNS Section 79?
Any act, word, gesture, or object intended to insult a woman’s modesty or invade her privacy can be considered an offense.
What is the punishment for violating BNS Section 79?
The punishment can be simple imprisonment for up to three years, along with a fine.
Is BNS Section 79 a bailable offense?
Yes, BNS Section 79 is a bailable offense, meaning the accused can seek bail.
Can the offense under BNS Section 79 be compounded?
No, it is non-compoundable, so the case cannot be settled out of court once it has been filed.
Who tries cases under BNS Section 79?
Cases under this section are triable by any Magistrate.
Conclusion
BNS Section 79 plays an important role in ensuring that women’s modesty and dignity are legally protected. By criminalizing acts that may not involve physical harm but still cause deep psychological or emotional distress, the law strengthens the framework against harassment. With punishments that include imprisonment up to three years and fines, this section sends a strong message that insulting or invading a woman’s privacy will not be tolerated.
For anyone facing issues related to harassment, privacy invasion, or legal concerns under Section 79 BNS, it is important to seek timely legal guidance. Professional legal experts can help you understand your rights and take the right steps toward justice.
Need Legal Support?
If you are dealing with court cases, marriage problems, or any other legal issue, our team at Marriage Solution – Lawyer Help is here for you. Simply fill out our quick online enquiry form, and we’ll connect you with the right legal expert to support your needs.
Finished with BNS 79 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
Of Offences Relating To Marriage
- BNS 80 : Dowry death .
- https://marriagesolution.in/bns_section/bns-80/
- BNS 81 : Cohabitation caused by a man deceitfully inducing a belief of lawful marriage .
- https://marriagesolution.in/bns_section/bns-81/
- BNS Section 82 : Marrying again during lifetime of husband or wife.
- https://marriagesolution.in/bns_section/bns-section-82/
- Section 83 BNS : Marriage ceremony fraudulently gone through without lawful marriage .
- https://marriagesolution.in/bns_section/section-83-bns/
- Section 84 BNS : Enticing or taking away or detaining with criminal intent a married woman .
- https://marriagesolution.in/bns_section/section-84-bns/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
All Indian Law & Blogs: https://marriagesolution.in/indian-law/
Full BNSS Section List: https://marriagesolution.in/bnss_section-list