Section 77 BNS: Voyeurism

Table of Contents

Section 77 BNS | BNS 77 | Voyeurism Section in BNS

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.

READ OTHER SECTIONS OF CHAPTER V — OF OFFENCES AGAINST WOMAN AND CHILD

Section No.	Section Title
	Of Sexual Offences
63	Rape.
64	Punishment for rape.
65	Punishment for rape in certain cases.
66	Punishment for causing death or resulting in persistent vegetative state of victim.
67	Sexual intercourse by husband upon his wife during separation.
68	Sexual intercourse by a person in authority.
69	Sexual intercourse by employing deceitful means, etc.
70	Gang rape.
71	Punishment for repeat offenders.
72	Disclosure of identity of victim of certain offences, etc.
73	Printing or publishing any matter relating to Court proceedings without permission.
	Of Criminal Force And Assault Against Woman
74	Assault or use of criminal force to woman with intent to outrage her modesty.
75	Sexual harassment.
76	Assault or use of criminal force to woman with intent to disrobe.
77	Voyeurism.
78	Stalking.
79	Word, gesture or act intended to insult modesty of a woman.
	Of Offences Relating To Marriage
80	Dowry death.
81	Cohabitation caused by man deceitfully inducing belief of lawful marriage.
82	Marrying again during lifetime of husband or wife.
83	Marriage ceremony fraudulently gone through without lawful marriage.
84	Enticing or taking away or detaining with criminal intent a married woman.
85	Husband or relative of husband of a woman subjecting her to cruelty.
86	Cruelty defined.
87	Kidnapping, abducting or inducing woman to compel her marriage, etc.
	Of Causing Miscarriage, Etc.
88	Causing miscarriage.
89	Causing miscarriage without woman’s consent.
90	Death caused by act done with intent to cause miscarriage.
91	Act done with intent to prevent child being born alive or to cause to die after birth.
92	Causing death of quick unborn child by act amounting to culpable homicide.
	Of Offences Against Child
93	Exposure and abandonment of child under twelve years of age, by parent or person having care of it.
94	Concealment of birth by secret disposal of dead body.
95	Hiring, employing or engaging a child to commit an offence.
96	Procuration of child.
97	Kidnapping or abducting child under ten years of age with intent to steal from its person.
98	Selling child for purposes of prostitution, etc.
99	Buying child for purposes of prostitution, etc.

Read all the chapters of the Bharatiya Nyaya Sanhita 2023

FAQs of BNS Section 77

77 BNS punishment and fine

Punishment and fine under Section 77 of the BNS: Imprisonment for not less than 1 year but which may extend to 3 years and fine.

Second or subsequent conviction: Imprisonment for not less than 3 years but which may extend to 7 years and fine.
77 BNS cognizable or not

The offence under Section 77 of the BNS is cognizable.
77 BNS bailable or not

The offence under Section 77 of the BNS is bailable.
Second or subsequent conviction: Non-bailable.
77 BNS trial court

Offence specified in Section 77 of the BNS is triable by the Court of Session.

Important Points

Cognizable Offences: These are offences where a police officer can arrest a person without a warrant.

Non-Cognizable Offences: These are offences where a police officer cannot arrest a person without a warrant.

Bailable Offences: These are offences where the accused can get bail from the police station itself. All bailable offences are listed in the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Non-Bailable Offences: Offences in which bail is not granted directly from the police station but after hearing the case in the court, the judge decides when bail will be granted. All non-bailable offences are listed in the first schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).