Think of this: A man catcalls a woman on the street. Another sends offensive messages on WhatsApp without her permission. A third tries to peek into a neighbor’s window. In India, the law takes this very seriously.
All of these can be crimes under Section 79 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
This law protects women from any act, word, gesture, or privacy invasion meant to insult their dignity. Before 2023, this was covered under Section 509 of the old Indian Penal Code (IPC). The law remains almost the same, but now it also includes modern problems like online harassment. Let’s understand what this section means, when it applies, and what happens if you break it.
What is Section 79 BNS?
Simply put, BNS Section 79 is the law that punishes anyone who says words, makes sounds or gestures, or exhibits any object with the intention of insulting the modesty of a woman. It also strictly punishes acts that intrude upon a woman’s privacy.
What changed from IPC to BNS? The law text is almost identical. The main change is that BNS now explicitly recognizes digital harassment—messages, images, comments, and videos shared online with intent to insult a woman’s dignity.
What Acts Are Punished Under Section 79 BNS?
Section 79 covers four main types of behavior. Any of these can result in criminal charges:
1. Words or Sounds
- Lewd comments, catcalls, or whistles directed at a woman
- Sexually suggestive remarks or crude jokes meant to insult
- Moaning or making inappropriate sounds near a woman
- Name-calling designed to demean her character or reputation
Example: A man makes sexual sounds near a woman at a bus stop, knowing she will hear him. This is a crime.
2. Gestures or Physical Acts
- Inappropriate hand signals or obscene gestures
- Unwanted physical movements meant to offend
- Making rude signs at a woman
- Any non-verbal communication meant to disrespect
Example: A man makes vulgar hand signs at a woman from across the street. This qualifies as Section 79 offense.
3. Displaying Objects
- Showing obscene materials, pictures, or videos
- Flashing or exposing oneself deliberately
- Sending nude or inappropriate images online
- Sharing offensive content meant to embarrass or humiliate
Example: Sending pornographic images to a woman without her permission is a crime under this section.
4. Privacy Intrusion
- Peeping into a woman’s room or bathroom
- Recording or photographing a woman without consent
- Following her with intent to violate privacy
- Accessing personal information to harass or embarrass
Example: A neighbor deliberately looks into a woman’s window to spy on her. This is a serious offense.
The Most Important Thing: Intent Matters
Here’s what many people don’t understand: Simply offending someone by accident is NOT a crime under Section 79. The law requires intent—meaning you deliberately wanted to insult the woman’s modesty.
In legal terms, this is called mens rea (guilty mind). Without proof that you meant to insult or disrespect the woman, the offense doesn’t exist, even if your words or actions happened to upset her.
Why does this matter? A court will ask: “Did the accused deliberately aim to offend this woman’s dignity?” If the answer is no, the case can be dismissed. This protects people from false accusations based on misunderstandings or innocent comments.
Punishment for BNS Section 79
The new law is stricter than the old IPC regarding the duration of jail time.
Note: Under the old law (IPC 509), the jail term was only up to 1 year. The increase to 3 years in the 79 BNS act shows that the legal system is taking verbal and gestural harassment much more seriously.
What is “simple imprisonment”? It means jail without hard labor (unlike “rigorous imprisonment,” which involves manual work). It’s still serious—you lose your freedom and have a criminal record.
Nature of the Offense: Is It Bailable?
| Question | Answer |
| Bailable or Non-bailable? | BAILABLE — You have the right to apply for bail |
| Cognizable or Non-cognizable? | COGNIZABLE — Police can arrest without a warrant |
| Which court can try the case? | Any Magistrate Court — Not a higher court |
| Who can start the case? | Police (on FIR) or Magistrate (on complaint) |
What does “bailable” mean? If arrested, you can ask the court for bail (temporary release while the trial happens). You don’t have to stay in jail throughout the process, though the court may set conditions like not contacting the woman or paying a security amount.
What does “cognizable” mean? Police can start investigating and arrest you without needing permission from a magistrate first. This speeds up action to protect the woman.
BNS Section 79 vs. Old IPC Section 509: What Changed?
The biggest change? Section 79 BNS is now cognizable, meaning police don’t need a magistrate’s approval to register a case. This makes it easier for women to get help immediately.
When Can This Offense Happen? Real-Life Examples
Example 1: Street Harassment
Arjun sees Priya at a bus stop and makes loud, sexually suggestive comments at her. Priya hears him, feels humiliated, and files a police complaint.
Is this Section 79? YES. Arjun deliberately made comments meant to insult her modesty. The act is intentional, and he knew she would hear him.
Example 2: Digital Harassment on WhatsApp
Rohit sends unsolicited late-night messages to Neha, a former colleague: “You look very smart,” “You’re very fair,” “Are you married?” followed by explicit images. Neha never replied to his messages and is disturbed.
Is this Section 79? YES. This was proven in the Mumbai High Court case of 2022. Sending unwanted romantic or explicit messages to an unknown woman without consent is an insult to her modesty. The court convicted the man to 3 months imprisonment and a fine.
Example 3: Peeping
Vikram deliberately looks into his neighbor Anjali’s bathroom window late at night. She discovers him and files an FIR.
Is this Section 79? YES. This is privacy intrusion. Vikram clearly intended to violate her privacy and insult her dignity.
Example 4: Innocent Compliment (Not a Crime)
Arun, a shop owner, tells a female customer, “You look nice today in that outfit.” The customer is not offended.
Is this Section 79? NO. Even if she felt uncomfortable, Arun had no deliberate intent to insult or harass. A normal, respectful comment doesn’t become a crime just because someone found it awkward.
Different from Related Laws: Section 79 vs. Section 78 (Stalking)
You might confuse Section 79 with Section 78 BNS (Stalking). Here’s the difference:
| Aspect | Section 79 | Section 78 (Stalking) |
| What it covers | Single or repeated acts to insult modesty | Repeated following, contacting, or monitoring |
| Key requirement | Intent to insult modesty | Repeated pattern of harassment |
| Example | One offensive comment or gesture | Constantly following someone, repeated calls |
| Punishment | Up to 3 years | Up to 3 years (1st offense), up to 5 years (repeat) |
| Nature | Cognizable & Bailable | Cognizable & Bailable |
Simple way to remember: Section 79 = single insulting act. Section 78 = repeated unwanted pursuit.
Who Can File a Complaint Under Section 79?
The Victim (The Woman Harassed)
- Direct complaint to police
- Complaint to magistrate if police refuses
- Online complaint through e-FIR portal
Her Family Member or Representative
- With proper authorization
- If the woman is unable (ill, disabled, traumatized)
What Evidence Helps?
- Screenshots of messages or posts
- Recordings of conversations
- Witness testimony from people who saw or heard the act
- Forensic reports for digital evidence
- Medical examination (if physical contact)
- Police records (if multiple complaints against same person)
When Complaints Are Usually Accepted
- Clear description of offensive acts or words
- Evidence of intent to insult or disrespect
- Woman can identify the accused
- Incident happened recently enough (no extreme delays)
What If You’re Accused? Your Rights and Next Steps
If police come to you with a Section 79 case, don’t panic. Here’s what to do:
Immediately (First 24-48 Hours)
- Don’t panic or make statements hastily — Anything you say can be used against you
- Contact a criminal lawyer immediately — Don’t wait; legal help is crucial
- Inform your family — They have the right to know
- Preserve evidence — Phone records, messages, witnesses in your favor
- Follow police instructions — But don’t sign anything without reading it
Understanding Your Rights
- Right to remain silent — You don’t have to answer all questions
- Right to a lawyer — Demand one before any police interrogation
- Right to bail — Section 79 is bailable; you can apply for bail
- Right to know charges — Police must tell you clearly why you’re arrested
- Right to medical examination — You can request an independent medical exam
Bail Application
Since Section 79 is bailable:
- Apply for bail within 24 hours of arrest
- Hire a good criminal lawyer — They know how to present your case
- Provide surety — A family member or friend who guarantees your appearance
- Court will consider — Your background, job, family ties, whether you’re a flight risk
Bail is NOT guilt. Getting bail doesn’t mean you’re guilty; it just means you can be free while the trial happens.
Defense Strategy
A good lawyer might argue:
- Lack of intent — You didn’t deliberately try to insult her modesty
- Mistaken identity — You’re not the person who did it
- False accusation — The complaint is based on personal rivalry or misunderstanding
- Insufficient evidence — The proof doesn’t clearly show your guilt
Common Defenses and When They Might Work
| Defense | Explanation | When It Might Work |
| Lack of Intent | “I didn’t mean to insult her dignity” | If evidence shows accidental offense, no deliberate harm |
| Reasonable Mistake | “I thought it was a joke; she laughed at first” | If there’s evidence she didn’t object initially |
| No Knowledge It Offended | “I didn’t know my words would reach her” | If you’re not the one who shared it deliberately |
| Mistaken Identity | “It wasn’t me who sent those messages” | If phone records, IP address don’t match |
| False Accusation | “She’s accusing me out of personal rivalry” | If other evidence contradicts her story |
Remember: The burden is on the prosecution to prove you’re guilty beyond reasonable doubt. The court will not convict unless it’s almost certain.
Recent Court Rulings: What Judges Say About Section 79
Mumbai High Court Case (2022) — WhatsApp Messages
What happened? A man sent unsolicited late-night WhatsApp messages to a former colleague, including “I like you,” compliments about her appearance, and explicit images. She never replied and filed a complaint.
What the court ruled?
- Guilty under Section 79 (old IPC 509, now BNS Section 79)
- Punishment: 3 months imprisonment + fine
- Key finding: Even seemingly innocent messages like “I like you” sent to a stranger without consent can insult modesty
Why this matters: The court recognized that the digital space is as important as the physical space. Online harassment is real and punishable.
Calcutta High Court Case (2025) — Workplace Harassment
What happened? A woman filed a complaint about workplace abuse and harassment, initially under Section 354 (assault), later changed to Section 509 (insulting modesty).
What the court ruled?
- Dismissed the charges
- Key finding: Mere workplace rudeness or abuse doesn’t automatically qualify as insulting modesty
Why this matters: Not every mean comment at work becomes a Section 79 case. The court must see deliberate intent to insult dignity, plus specific offensive words or acts.
How to File a Complaint if You’re a Victim
Online (e-FIR Method) — Fastest Way
- Go to your state police’s official e-FIR portal
- Click “New Complaint”
- Enter personal details and incident details
- Upload evidence (screenshots, messages)
- Submit digitally
- Police will contact you within 24-48 hours
- Visit police station to verify signature within 3 days
In-Person (Police Station Method)
- Go to the nearest police station
- Tell the officer you want to file an FIR
- Describe the offense clearly (words used, dates, times)
- Provide evidence (screenshots, recordings, witness names)
- Officer records your statement in writing
- Read and sign the statement
- Get a copy free of cost
- Police begin investigation
Through Magistrate (If Police Refuse)
- Go to nearby magistrate court
- File a written complaint under Section 175 BNSS
- Provide evidence
- Magistrate will order police to register FIR
Important Questions Answered
Is Section 79 BNS bailable or non-bailable?
Bailable. If arrested, you can apply for bail. You won’t spend the entire trial in jail unless you pose a flight risk or the magistrate finds special reasons to deny bail.
Which court can hear Section 79 BNS cases?
Any Magistrate Court. This is a lower court (not district or high court), making cases faster and accessible. If convicted, you can appeal to the district court and then the high court.
Can I file a case if the harassment happened online?
Yes, absolutely. BNS Section 79 now explicitly covers digital harassment—messages, posts, images, videos. You should also file under IT Act Sections 67/67A for cyber crimes.
What if the person claims they were joking?
The court will look at context. If the “joke” was clearly offensive and intended to insult her dignity, it doesn’t matter if the accused claims it was humor. Intent and impact matter more than the excuse.
How long do Section 79 cases usually take?
2-3 years typically from FIR to judgment in magistrate court. Some settle faster through compromise (allowed in bailable offenses). Appeals can extend the timeline further.
Can a man be accused under Section 79?
No. Section 79 is gender-specific—only women are protected. There’s no equivalent law protecting men’s modesty. This is by law design, recognizing that women face unique harassment vulnerabilities.
Key Takeaway: What You Must Remember
✅ Section 79 BNS protects women’s dignity, modesty, and privacy from deliberate insults
✅ It covers everything: words, sounds, gestures, objects, privacy invasion, online harassment
✅ Punishment: Up to 3 years imprisonment + fine
✅ It’s a cognizable offense — Police can act immediately
✅ It’s bailable — Accused can apply for bail
✅ It’s triable in Magistrate Court — Faster, more accessible
✅ Intent matters — Accidental offense ≠ crime
✅ Digital harassment counts — WhatsApp, Facebook, Instagram, etc.
✅ Changed from IPC Section 509 — Same law, now covering online offenses
Bottom Line
Section 79 BNS is India’s shield for protecting women’s dignity. If you’re harassed—whether by a rude comment on the street or an offensive message online—you have legal recourse. If you’re accused, remember that the court must prove guilt beyond doubt, and you have the right to a fair trial.
For women: Know your rights. For others: Understand the boundaries of respect. For lawyers and students: Master the mens rea element and recent digital harassment judgments.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Laws are subject to amendments and judicial interpretations. For specific legal issues, always consult a qualified advocate.
