Bharatiya Nyaya Sanhita, 2023 · Section 77

BNS 77: earlier IPC 354C

Section 77 of the Bharatiya Nyaya Sanhita, 2023 replaces Section 354C of the Indian Penal Code, 1860. BNS 77 deals with voyeurism. The Bharatiya Nyaya Sanhita came into force on 1 July 2024. Both texts are set out below, side by side, with the changed words marked.

Bharatiya Nyaya Sanhita

BNS 77 was IPC 354C.

Voyeurism.

Carried over
Old wording kept in full
Old · IPC 1860 · Ch. XVI
s. 354C
Voyeurism
Any man who watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.
Explanation 1.—For the purpose of this section, “private act” includes an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy and where the victim's genitals, posterior or breasts are exposed or covered only in underwear; or the victim is using a lavatory; or the victim is doing a sexual act that is not of a kind ordinarily done in public.
Explanation 2.—Where the victim consents to the capture of the images or any act, but not to their dissemination to third persons and where such image or act is disseminated, such dissemination shall be considered an offence under this section.
Text from the official India Code PDF
New · BNS 2023 · Ch. V
s. 77
Voyeurism.
Whoever watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.
Explanation 1.—For the purposes of this section, “private act” includes an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy and where the victim’s genitals, posterior or breasts are exposed or covered only in underwear; or the victim is using a lavatory; or the victim is doing a sexual act that is not of a kind ordinarily done in public.
Explanation 2.—Where the victim consents to the capture of the images or any act, but not to their dissemination to third persons and where such image or act is disseminated, such dissemination shall be considered an offence under this section.
Text from India Code
Old classification · CrPC First Schedule, for IPC 354C
CognizableCognizable
BailableNon-bailable
Punishment1 year but which may extend to 3 years and with fine for first conviction. Imprisonment of not less than 3 years but which may extend 7 years and with fine for second or subsequent conviction.
Triable byAny Magistrate.
Stalking.
CognizableCognizable
BailableBailable
PunishmentImprisonment up to 3 years
Triable byAny Magistrate.
For an offence under the BNS, check the First Schedule of the BNSS.

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