Section 77 BNS : Voyeurism .

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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.

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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.

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BNS Section 77 in Simple Points

Voyeurism Defined
BNSS Section 77 makes it a crime to secretly watch, record, or share images of a woman involved in private activities without her consent. The law recognizes that such acts invade a woman’s privacy and cause serious humiliation.

Private Acts
The section applies to moments where a woman reasonably expects privacy. This includes times when her intimate areas are exposed or covered only by underwear, when she is using a toilet, or when she is engaged in a sexual act that is not meant to be seen by others.

First Conviction Penalties
If someone is convicted of voyeurism for the first time, they can be punished with imprisonment for a minimum of one year, which may extend up to three years. The offender will also be fined, making the punishment stricter.

Second or Subsequent Convictions
Repeat offenders face harsher consequences. For a second or any later conviction, the punishment is imprisonment for at least three years, which can go up to seven years, along with a fine. This shows the law’s strict stance against repeated offences.

Non-Consensual Sharing
Even if a woman agrees to be recorded or photographed, sharing those images without her permission is still a crime. Consent must be given for both recording and sharing, and violating this rule is punishable under the law.

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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
The main purpose of this law is to protect a woman’s right to privacy. It prevents others from invading her personal space by secretly watching, filming, or distributing recordings of her in intimate or private moments. Such behavior is recognized as not only a violation of privacy but also a serious act of humiliation and harassment.

Definition of Voyeurism
Voyeurism is defined as the act of secretly watching or capturing images of a woman in circumstances where she has a reasonable expectation of privacy. This includes using cameras, phones, or even physically watching without her knowledge. The offence also covers situations where these images are later misused or shared.

Private Acts Covered
The law clearly defines what counts as a “private act.” These include moments when a woman’s genitals, breasts, or posterior are exposed or covered only in underwear, when she is using a toilet, or when she is engaged in a sexual act that is not meant to be viewed by the public. Such activities are recognized as highly personal and must remain private.

Consent Matters
Consent is central to this law. Even if a woman allows someone to watch or record her, sharing those recordings without her explicit consent is still a crime. This ensures that consent must be given separately for both recording and distribution. Without clear permission, the act of sharing becomes punishable.

First Offense Punishments
For the first conviction of voyeurism, the law prescribes imprisonment of not less than one year, which may extend up to three years, along with a fine. This initial punishment ensures offenders are penalized while also warning them against repeating such acts.

Punishments for Repeat Offenses
If the offender is convicted again, the punishment becomes much harsher. For a second or subsequent conviction, imprisonment ranges from three to seven years, and the offender must also pay a fine. This escalating punishment highlights the law’s strict stance against repeated offenders.

Cognizable Offense
Voyeurism is classified as a cognizable offence, which means the police can arrest the accused without needing a court warrant. This provision allows law enforcement to act immediately, preventing further harm to the victim and stopping the misuse of recordings.

Bailable and Non-Bailable Conditions
For a first offence, the crime is bailable, meaning the accused may apply for bail and potentially be released before the trial. However, for second or repeated offences, it becomes non-bailable, reflecting the increased seriousness and making it harder for the accused to secure bail.

Non-Compoundable Offense
The offence of voyeurism is non-compoundable, meaning it cannot be settled privately between the victim and the accused. The case must be prosecuted in court, ensuring that offenders are held accountable and that justice is not compromised by private agreements.

Trial by Court of Session
Cases under Section 77 are tried in a Court of Session, which handles serious criminal cases. This ensures that offences of voyeurism receive the serious legal scrutiny and judicial attention they deserve.

Examples of BNS Section 77

1. 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.
2. 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.

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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.

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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

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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

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BNS Section 77 FAQs

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