CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD · Of criminal force and assault against woman

Section 77: Voyeurism

The Bharatiya Nyaya Sanhita, 2023

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.

Corresponding IPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

77	354C. Voyeurism.

Questions on this section

5 questions in 23 of our papers cite Section 77. Try these from the free papers:

1. Consider the following statements: 1. Section 48 of the BSA, which makes evidence of the character or previous sexual experience of the victim irrelevant on the issue of consent, applies to prosecutions under Sections 64 to 71 and also Sections 74 to 78 of the Bharatiya Nyaya Sanhita, 2023. 2. The proviso to Section 149 of the BSA, which bars questions in the cross-examination of the victim as to general immoral character or previous sexual experience, applies to prosecutions under Sections 64 to 71 of the Bharatiya Nyaya Sanhita, 2023. 3. Each of these provisions also applies to a prosecution for an attempt to commit any of the offences it lists. Which of the statements given above are correct?
2. Assertion (A): Dissemination of an image of a woman engaged in a private act may amount to voyeurism under Section 77 of the BNS even though she had consented to the image being captured. Reason (R): Explanation 2 to Section 77 provides that where the victim consents to the capture of the images but not to their dissemination to third persons, such dissemination shall be considered an offence under the section.
3. Consider the following provisions of the BNS: 1. Section 75 (sexual harassment) 2. Section 76 (assault or use of criminal force to woman with intent to disrobe) 3. Section 77 (voyeurism) 4. Section 78 (stalking) Under which of the above can the offence be committed by a person of any gender, because the provision defining it uses 'Whoever' and not 'a man' or 'any man'?

Practise questions on Bharatiya Nyaya Sanhita