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.
Simplified Explanation
Section 77 of the Bharatiya Nyaya Sanhita (BNS) criminalizes voyeurism, which is defined as the act of watching, capturing, or distributing images or videos of a woman engaging in private acts without her consent. This section aims to protect individuals’ privacy and dignity, recognizing the violation and trauma that voyeuristic acts can cause.
Key Elements of Section 77
- Definition of Voyeurism
- Voyeurism involves observing, recording, or distributing images or videos of a woman while she is engaged in private acts without her knowledge or consent.
- A private act includes any activity where the woman expects privacy, such as changing clothes, using the restroom, or engaging in any action where exposure of her body is considered private.
- Acts Covered Under Section 77
- Section 77 applies to various voyeuristic behaviors, including:
- Secretly watching or spying on a woman engaged in a private act.
- Capturing photos or videos of a woman’s private acts without her consent.
- Sharing or distributing such recordings, regardless of whether the act was personally witnessed or recorded.
- This section protects individuals from any form of invasion of privacy and exploitation of intimate moments.
- Section 77 applies to various voyeuristic behaviors, including:
- Consent as a Central Factor
- The absence of consent is essential in establishing the offense. If the woman has not given permission to be observed, recorded, or have her images or videos shared, any such act is treated as voyeurism.
- Section 77 emphasizes that privacy and consent are fundamental rights, and any breach of these is a violation of the law.
- Punishment for Voyeurism under Section 77
- The punishment under Section 77 varies based on whether it is a first or subsequent offense:
- For the first offense: The offender faces imprisonment for a term up to three years, along with a possible fine.
- For subsequent offenses: The punishment may extend to imprisonment for up to seven years and may also include a fine.
- The harsher penalty for repeat offenders reflects the serious nature of voyeurism and aims to deter individuals from reoffending.
- The punishment under Section 77 varies based on whether it is a first or subsequent offense:
- Examples of Voyeurism under Section 77
- Example 1: A person secretly records a woman in a changing room without her knowledge and consent. This act constitutes voyeurism and is punishable under Section 77.
- Example 2: An individual shares a video of a woman engaged in a private act, obtained without her consent. Even if the person did not capture the video themselves, distributing it still falls under voyeurism and is punishable.
- Purpose of Section 77
- The primary objectives of Section 77 are to:
- Protect individuals’ right to privacy and ensure that personal boundaries are respected.
- Deter voyeuristic behavior by imposing strict punishments on those who invade others’ privacy in this manner.
- Reinforce that consent is mandatory in all circumstances involving observation or recording of private acts.
- The primary objectives of Section 77 are to:
- Supporting Victims and Upholding Privacy Rights
- Section 77 is rooted in the principle that every individual has a right to personal privacy, especially regarding intimate moments.
- By criminalizing voyeurism, this section ensures that individuals have legal protection against invasive behaviors and violations of their personal space.
Importance of Section 77
Section 77 serves as a strong deterrent against voyeuristic behavior and upholds the right to privacy and dignity. By recognizing voyeurism as a punishable offense, this provision supports a safe and respectful society, where individuals can expect privacy without fear of exploitation or exposure.
In summary, Section 77 of the BNS criminalizes voyeurism, with penalties of up to three years’ imprisonment and fines for a first offense, and up to seven years for repeat offenses. This section ensures that privacy rights are upheld and provides a legal framework to protect individuals from invasive, non-consensual observation and recording.
