BNS Section 79 – Word, gesture or act intended to insult the modesty of a woman

Amit Kapoor05 mins

Section in IPC – 509

Word, gesture or act intended to insult the modesty of a woman

Whoever, intending to insult the modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object in any form, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine. Of offences relating to marriage

Example:
Vijay, while waiting at the bus station next to a girl, begins to make moaning noises of a sexual nature towards her. Vijay is guilty of the offence under this section.

Key Points on BNS-79: Insulting a Woman’s Modesty

BNS-79 criminalizes actions intended to insult or offend a woman’s modesty, covering various forms of behavior that demean or invade her dignity.

1. Definition of Offense

The offense described in BNS-79 includes actions specifically intended to insult the modesty of a woman. These actions include:

  • Uttering Words: Saying things meant to insult or offend the woman’s modesty.
  • Making Sounds or Gestures: Producing sounds or gestures with the intention of offending or insulting the woman.
  • Exhibiting Objects: Showing objects in a way intended to insult or offend the woman’s dignity.
  • Intruding on Privacy: Invading the woman’s personal space or privacy with the intent to insult her modesty.

2. Intention Requirement

  • The action must be done with the specific intention of insulting the woman’s modesty. This means that the perpetrator’s goal is to offend or demean the woman’s dignity or modesty through their words, actions, or gestures.

3. Punishment

  • Simple Imprisonment: The convicted individual faces simple imprisonment for a term that may extend up to three years.
  • Fine: In addition to imprisonment, the individual may also be liable to a fine.

4. Summary

  • BNS-79 criminalizes actions that insult or offend a woman’s modesty, including verbal insults, inappropriate gestures, the exhibition of offending objects, and privacy invasions.
  • The punishment for such actions includes up to three years of simple imprisonment and a fine.
  • The provision aims to protect women’s dignity and privacy, ensuring that deliberate insults to their modesty are penalized.

Offense and Punishment Details

  • Offense: Uttering any word or making any gesture intended to insult the modesty of a woman, or engaging in any other acts of offense as defined in the section.
  • Punishment: Simple imprisonment for up to 3 years, along with a fine.
  • Cognizable or Non-cognizable: Cognizable, meaning the police can arrest the individual without a warrant.
  • Bailable or Non-bailable: Bailable, meaning the individual may be granted bail.
  • Court: The offense is triable by any Magistrate.

This provision ensures that actions that harm a woman’s dignity and modesty through various forms of insult are met with appropriate legal consequences.

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