The Bharatiya Nyaya Sanhita (BNS) introduces specific safeguards for women’s dignity. BNS Section 79 is a vital provision for protecting the modesty of women in BNS. If you’re an Indian reader seeking a reliable and up-to-date understanding, this article provides everything you need to know about Section 79 of BNS, including details about punishment and how it updates existing legal frameworks. This provision is part of Chapter V of the BNS, which specifically addresses “Offences Against Women and Children”, representing the first time that a separate chapter for crimes against women has been introduced in Indian criminal law.
What is BNS Section 79?
Section 79 of BNS addresses the crime of insulting the modesty of a woman. It criminalizes any words, gestures, or acts intended to insult or offend women’s modesty, including actions that intrude upon their privacy. Section 79 BNS replaces Section 509 of the Indian Penal Code (IPC). While the core elements remain similar, the BNS version provides more comprehensive protection and reflects modern understanding of harassment against women. The section maintains the same fundamental approach of criminalizing behavior intended to insult a woman’s modesty, but with updated language and expanded scope.
Legal Text of BNS Section 79
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.
Key Elements of Section 79 BNS
1. Modesty of Women in BNS
- The core focus is on protecting the “modesty” of women.
- Courts have defined modesty as an attribute inherently linked to being female—covering dignity, decency, and personal privacy.
2. Acts Constituting Offences
- Verbal insults (words, statements, or degrading comments)
- Sounds or gestures (catcalling, gestures of a sexual or demeaning nature)
- Displaying objects intending to insult or harass
- Invading a woman’s private space (including digital/online acts)
3. Intention is Key
- The law requires that the act be carried out with the intention to insult or demean a woman’s modesty.
- It is not necessary for the insult to be physical; words or gestures are sufficient.
BNS Section 79 Punishment
- Simple imprisonment for up to three years
- Fine (amount decided by the court)
- Both punishments can be imposed together.
Additional Legal Characteristics
- Cognizable: Police can arrest without a warrant.
- Bailable: The accused can seek bail as a matter of right.
- Triable by: Any Magistrate’s court.
Comparison: Section 79 of BNS vs. IPC Section 509
| Provision | Old IPC Section 509 | 79 BNS (BNS Section 79) |
|---|---|---|
| Crime focus | Modesty Insult | Modesty Insult |
| Scope | Words, gestures, acts | Words, gestures, acts, privacy invasion, digital acts |
| Punishment | Up to 1 year & fine | Up to 3 years & fine |
| Cognizable/Bailable | Non-cognizable/bailable | Cognizable/bailable |
| Triable by | Any Magistrate | Any Magistrate |
- Section 79 BNS replaces IPC Section 509 and offers enhanced punishment and broader coverage, including privacy intrusions and digital offences.
- The section modernizes the law by clearly providing for actions occurring in both physical and online environments.
Importance of BNS Section 79
- Deter Harassment: Ensures stricter legal action against anyone insulting women’s dignity.
- Covers Modern Offences: Applies to cyber harassment, online abuse, and privacy intrusions—not just physical acts.
- Empowers Women: Empowers women to seek justice when faced with verbal or non-verbal insults to their modesty.
- Accessible Justice: As a cognizable and bailable offence, it streamlines the process for victims to report and for courts to try cases.
Practical Examples
Example 1: A man making lewd comments to a woman at a bus station with intent to humiliate her constitutes an offense under Section 79 BNS.
Example 2: Making inappropriate gestures or whistling at a woman in public spaces falls under this provision.
Example 3: Privacy intrusion such as peeping into a woman’s room or secretly recording her without consent qualifies as an offense.
Recent Judicial Clarifications
Recent court decisions have clarified the scope of the provision. The Kerala High Court ruled that calling a woman offensive names in her absence may not constitute an offense under this section, as the act must be directed at the woman with intent that she hear or see it. However, the Supreme Court has emphasized that the use of “filthy language” alone does not automatically constitute outraging modesty unless it meets the specific requirements of the statute.
Procedural Aspects
Filing a Complaint
When a woman faces harassment under Section 79 BNS:
- She should report immediately to the police
- Collect evidence including videos, recordings, and witness statements
- Seek legal assistance for proper guidance through the legal process
Investigation Process
- Police register an FIR upon complaint
- Investigation follows standard criminal procedure
- Cognizance is taken by the Magistrate after filing of charge sheet
Frequently Asked Questions (FAQ)
1. What is Section 79 of BNS?
Section 79 of the Bharatiya Nyaya Sanhita protects the modesty of women by criminalizing words, gestures, or acts (including privacy invasion) intended to insult or demean a woman.
2. What is the Section 79 BNS punishment?
The punishment can be simple imprisonment of up to three years, a fine, or both.
3. Is BNS Section 79 a bailable offence?
Yes, Section 79 BNS is bailable and cognizable, meaning arrest is possible without a warrant, but the accused can seek bail.
4. What is new in BNS 79 compared to old laws?
Compared to IPC Section 509, Section 79 BNS offers greater protections, covers digital acts, and prescribes harsher punishment.
Key Takeaways
- Section 79 of BNS is a crucial step in safeguarding the dignity and modesty of women in India.
- The law modernizes protections, especially in the context of digital harassment and privacy.
- Offenders can face up to three years in prison and a fine for violating this section.
- Women are encouraged to report violations, knowing that the law now offers clearer, stronger protection.
