BNS Section 77 – Voyeurism

Amit Kapoor08 mins

Section in IPC – 354C

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 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.

Example:
Vijay, an employee at a clothing store, sets up a phone to record women trying clothes in the changing / trial room, and later shares these videos on the internet. He is guilty of voyeurism and could face imprisonment for 3-7 years, along with fine. 

Key Points on Section 77 of the Bharatiya Nyaya Sanhita (BNS): Voyeurism, Image Capture, and Dissemination of Private Acts

Section 77 of the Bharatiya Nyaya Sanhita (BNS) addresses the crime of voyeurism, image capture, and the dissemination of private acts without the consent of the woman involved. The section protects the privacy of women, criminalizing unauthorized observation, recording, and distribution of private moments.

1. Criminal Acts Under Section 77

  • Watching or Capturing: This includes observing or recording a woman engaging in a private act, where she has a reasonable expectation of privacy, without her consent.
  • Dissemination: The sharing or distribution of images or videos of such private acts to others without the woman’s consent is a criminal offense under this section.

2. Punishment

  • First Conviction:
    • The offender faces imprisonment for a minimum of 1 year, which may extend to 3 years, along with a fine.
  • Subsequent Convictions:
    • For a second or subsequent conviction, the offender faces imprisonment for a minimum of 3 years, which may extend to 7 years, along with a fine.

3. Private Act (as Defined in Explanation 1)

  • A private act refers to any act performed in a place where the woman has a reasonable expectation of privacy, including:
    • Exposure of intimate body parts (e.g., genitals, posterior, or breasts, whether fully exposed or covered only in underwear).
    • The use of a lavatory.
    • Engaging in a sexual act that is not typically performed in public.

4. Consent to Capture vs. Dissemination (Explanation 2)

  • If a woman consents to the capture of images or videos of a private act but does not consent to the dissemination of those images or videos, then sharing or distributing them without her permission is still considered an offense.
  • This provision highlights that capturing a private act with consent does not automatically grant permission to share or distribute that content. Unauthorized dissemination remains punishable.

5. Important Definitions

  • Private Act: An action carried out in a private setting, where a woman reasonably expects privacy. This includes intimate acts, use of a lavatory, or engaging in sexual acts in private.
  • Dissemination: The act of sharing or distributing images, videos, or recordings of a private act without the victim’s consent, even if the initial capture was consensual.
  • Expectation of Privacy: Refers to situations where a woman has a reasonable expectation that she is not being observed or recorded, such as in her home, a bathroom, or private spaces.

6. Explanation and Objective

  • Section 77 is aimed at protecting women’s privacy in spaces where they expect not to be watched, recorded, or exposed to public attention.
  • The section criminalizes both the act of voyeurism (watching or recording without consent) and the dissemination of such images or videos, ensuring that even if the woman consented to the initial recording, any subsequent sharing without her consent is unlawful.

Summary

Section 77 of BNS criminalizes voyeurism, unconsented recording, and dissemination of private acts involving a woman. Offenders can face imprisonment for up to three years for the first conviction and up to seven years for repeat offenses, along with a fine. The law emphasizes the importance of protecting women’s privacy and ensures that any violation of it through voyeurism or unauthorized distribution of intimate content is met with legal consequences. Even if a woman consents to the capture of images, sharing or distributing those images without her permission remains punishable.

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