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Home › BNS Sections › Section 77
Bharatiya Nyaya Sanhita, 2023 In force since 1 July 2024

Section 77 BNS - Voyeurism

धारा 77 BNS (भारतीय न्याय संहिता) दृश्यरतिकता (वॉयरिज़्म) का अपराध है - निजी कार्य में लगी महिला को देखना, उसकी तस्वीर लेना या उसे फैलाना। पुरानी IPC की धारा 354C अब यही धारा 77 BNS है; पहली बार दोष सिद्ध होने पर एक से तीन वर्ष तक कारावास और जुर्माना है।

Act
Bharatiya Nyaya Sanhita, 2023
Section
77 - Voyeurism
Old provision
Section 354C IPC
Punishment
Imprisonment for not less than 1 year but which may extend to 3 years and fine. Imprisonment for not less than 3 years but which may extend to 7 years and fine.
Cognizable?
Cognizable. Cognizable.
Bailable?
Bailable. Non-bailable.
Triable by
Court of Session. Court of Session.

Old law → Section 77 BNS

Corresponds toChangeRemarks
Section 354C IPC Modified Ditto .

Section 77 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes voyeurism - watching or capturing the image of a woman engaged in a private act, or sharing such an image. It carries forward Section 354C of the Indian Penal Code, an offence first introduced in 2013 on the Justice Verma Committee's recommendations, into the new code that took effect on 1 July 2024.

What Section 77 BNS provides

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 perpetrator's behest - or disseminates such an image, commits voyeurism. The punishment rises sharply on repetition:

  • First conviction - imprisonment for not less than one year, which may extend to three years, and fine.
  • Second or subsequent conviction - imprisonment for not less than three years, which may extend to seven years, and fine.

What counts as a "private act"

A private act is one done in a place which, in the circumstances, would reasonably be expected to provide privacy - where the victim's genitals, posterior or breasts are exposed or covered only in underwear, or the victim is using a lavatory, or is doing a sexual act not of a kind ordinarily done in public. Watching a woman through a window, planting a hidden camera in a changing room, hostel bathroom or hotel room, or recording her on a phone in such circumstances are the typical fact patterns.

Consent to a photo is not consent to share it

The section expressly deals with the situation where the woman consents to images being captured but not to their being sent to anyone else. If such an image is later disseminated, the dissemination itself is voyeurism under this section. This makes Section 77 one of the main provisions invoked when private or intimate images are leaked or circulated, including after a relationship ends.

Procedure and classification

Voyeurism is a cognizable offence at both stages, so the police can register an FIR and investigate without waiting for a court's order. A first offence is bailable; a second or subsequent offence is non-bailable, so bail becomes a matter of the court's discretion. Per the First Schedule data used for this page, the offence is triable by Any Magistrate.

What changed from Section 354C IPC

The offence and its punishments are carried forward without substantive change - the comparison table records the section only as "modified" in drafting. The notable drafting difference is the offender clause: Section 354C IPC began "Any man who...", while Section 77 BNS begins "Whoever...", describing the offender neutrally; the protected victim remains a woman. The case law and practice developed under Section 354C continue to guide the new section.

Dealing with hidden-camera abuse, leaked private images, or an accusation under this section? These cases turn on electronic evidence and quick, careful steps. Talk to a criminal lawyer in your city or browse advocates in the Free Law directory.

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Frequently Asked Questions

What is Section 77 BNS?

Section 77 of the Bharatiya Nyaya Sanhita, 2023 punishes voyeurism: watching or capturing the image of a woman engaged in a private act, or disseminating such an image. It replaced Section 354C IPC on 1 July 2024.

What is the punishment for voyeurism under the BNS?

On a first conviction, imprisonment of one to three years and fine. On a second or subsequent conviction, imprisonment of three to seven years and fine.

Is Section 77 BNS bailable?

A first offence is bailable; a second or subsequent offence is non-bailable. The offence is cognizable in both cases, so police can register an FIR and investigate directly.

Is sharing a photo taken with consent an offence?

Yes. Where the woman consented to the images being captured but not to their being shared with others, disseminating them is itself voyeurism under Section 77 BNS.

What was Section 354C IPC?

Section 354C was the IPC's voyeurism offence, inserted in 2013 after the Justice Verma Committee report. It is now Section 77 BNS, with the same substance and punishments.

What is voyeurism under Section 77 of BNS?

Under Section 77 of the Bharatiya Nyaya Sanhita, voyeurism is committed when someone watches, captures the image of, or disseminates an image of a woman engaging in a private act where she has a reasonable expectation of privacy.

Is voyeurism under Section 77 BNS a bailable offence?

A first offence of voyeurism under Section 77 BNS is bailable, while a second or subsequent offence is non-bailable. It is a cognizable offence at both stages.

What changed from Section 354C IPC to Section 77 BNS?

While Section 354C IPC applied specifically to Any man who, Section 77 BNS neutrally begins with Whoever to describe the offender. The protected victim remains a woman, and the substantive offence and punishments remain the same.