Introduction of Section 77 BNS
Section 77 BNS of the Bharatiya Nyaya Sanhita, 2023, deals with the offence of voyeurism, where a woman’s privacy and dignity are violated by secretly watching, capturing, or sharing her private acts without consent. This provision continues the protection earlier given under IPC Section 354C but with stronger rules to punish repeat offenders. Voyeurism is a growing concern in today’s digital and real-world spaces, and this law ensures that women are legally safeguarded against such acts. By criminalizing these behaviours, Section 77 sends a strong message that women’s privacy is a legal right and must be respected at all times.
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
Section 77 of the Bharatiya Nyaya Sanhita (BNS), 2023, deals with the offence of voyeurism. It makes it a crime to secretly watch, capture, or share images of a woman engaging in a private act without her consent. The section protects women’s privacy and dignity in situations where they reasonably expect to be in private.
(This provision corresponds to the repealed IPC Section 354C and has been restructured under the Bharatiya Nyaya Sanhita (BNS), 2023.)
1. Meaning of Section 77
BNS Section 77 defines voyeurism as:
- Secretly watching, recording, or capturing a woman during a private act.
- Sharing such recordings or images without her consent.
- A private act includes moments when a woman is undressing, using a toilet, or involved in an intimate act not meant for public view.
Even if the woman consents to being recorded, sharing the content without permission is also a crime.
2. Purpose of Section 77
The objectives of this section are to:
- Protect women’s right to privacy in both public and private spaces.
- Prevent harassment, blackmail, and humiliation caused by secret recordings or image sharing.
- Address modern crimes like hidden cameras, revenge porn, and online misuse of private videos.
- Act as a deterrent by prescribing strict punishment for repeat offenders.
3. Essential Ingredients of Section 77
For this section to apply, these conditions must exist:
- The act involves watching, capturing, or sharing a woman’s private act.
- The woman has a reasonable expectation of privacy.
- The act is done without her consent.
- The offender has an intention to invade privacy or share unlawfully.
Example: Installing a hidden camera in a women’s changing room or bathroom and recording videos qualifies as voyeurism.
4. Punishment under BNS Section 77
- First Conviction: Imprisonment of 1 to 3 years + Fine.
- Second or Subsequent Conviction: Imprisonment of 3 to 7 years + Fine.
This ensures first-time offenders are punished, while repeat offenders face harsher consequences.
5. Examples of Section 77 in Action
- Example 1 – Secret Recording: A man records a woman in a hostel bathroom and shares the video online → punishable under Section 77.
- Example 2 – Hidden Camera: Someone installs a spy camera in a trial room of a store → offence of voyeurism.
- Counter-Example: A woman records her own video and shares it online herself → not an offence under Section 77.
6. Nature of the Offence
- Cognizable: Police can arrest without a warrant.
- Bailable (First Offence): Bail may be granted by the court.
- Non-Bailable (Repeat Offence): Bail is not easily available for repeat offenders.
- Non-Compoundable: The case cannot be settled privately between the parties.
- Trial By: Court of Session.
7. Importance of Section 77
BNS Section 77 plays a vital role in:
- Protecting women’s dignity and privacy.
- Preventing misuse of digital technology for harassment or blackmail.
- Ensuring quick police action since the offence is cognizable.
- Providing strong punishment to discourage repeat offences.
- Creating a safer environment for women in both physical and digital spaces.
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
- 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 | Offence | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 77 | Voyeurism – Watching, capturing, or sharing images of a woman engaged in a private act without her consent. Protects women’s dignity and privacy. |
First conviction: Imprisonment of 1 to 3 years, plus fine. Subsequent conviction: Imprisonment of 3 to 7 years, plus fine. |
First offence: Bailable Subsequent offence: Non-Bailable |
Cognizable | Magistrate for first offence; Court of Session for repeat offence |
| IPC Section 354C (Old) | Voyeurism – Watching, capturing, or sharing images of a woman in private acts without consent. Earlier IPC provision before BNS replaced it. |
First conviction: Imprisonment of 1 to 3 years, plus fine. Subsequent conviction: Imprisonment of 3 to 7 years, plus fine. |
First offence: Bailable Subsequent offence: Non-Bailable |
Cognizable | Magistrate for first offence; Court of Session for repeat offence |
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.
Conclusion
BNS Section 77 plays a vital role in safeguarding women’s dignity, privacy, and safety against voyeurism. It recognizes that secretly watching, capturing, or sharing private images without consent is a serious crime. By introducing stricter punishment for repeat offenders, the law ensures strong deterrence. This provision not only continues the protection earlier given under IPC Section 354C but also strengthens India’s legal framework for women’s safety in the digital and real world.
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Finished with BNS 77 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- BNS Section 78 : Stalking .
- https://marriagesolution.in/bns_section/bns-section-78/
- BNS Section 79 : Word, gesture or act intended to insult the modesty of a woman .
- https://marriagesolution.in/bns_section/bns-section-79/
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/
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