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.