Bharatiya Nyaya Sanhita: Section 79 – Word, gesture or act intended to insult modesty of a woman

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.

Simplified Explanation

Section 79 of the Bharatiya Nyaya Sanhita (BNS) criminalizes any words, gestures, or acts intended to insult the modesty of a woman. This section seeks to protect women from behavior that is demeaning, offensive, or meant to violate their dignity. Section 79 acknowledges the impact of such actions on a woman’s sense of security and self-respect, and prescribes penalties for offenders.

Key Elements of Section 79

1. Definition of the Offense
   • Section 79 applies to any action where a person uses words, gestures, or acts that are intended to insult or offend a woman’s modesty.
   • The intent behind the behavior is crucial; it must be shown that the purpose of the act, word, or gesture was to demean, harass, or insult the woman’s dignity.
2. Forms of Insulting Behavior Covered
   • Section 79 includes various types of behavior that may constitute an insult to a woman’s modesty, such as:
     • Verbal Remarks: Offensive comments, lewd or sexually explicit language, or degrading remarks directed at a woman.
     • Gestures: Physical gestures that are suggestive, offensive, or intended to demean.
     • Acts: Any action or behavior aimed at humiliating, harassing, or violating the woman’s personal boundaries.
   • This section seeks to provide a comprehensive safeguard against behavior that threatens the dignity and respect owed to women.
3. Intent to Insult Modesty
   • Intent is an essential element of the offense. It must be proven that the offender’s words, gestures, or acts were deliberately aimed at insulting or offending the woman.
   • The law addresses acts that are not only intrusive but also purposefully degrading, focusing on the intent to harm the woman’s self-esteem and personal dignity.
4. Punishment for Offenses under Section 79
   • Section 79 prescribes penalties for those found guilty of insulting the modesty of a woman, including:
     • Imprisonment for a term that may extend to three years.
     • A fine, or both, depending on the specifics of the offense.
   • The punishment reflects the law’s strong stance against behavior that undermines women’s dignity and aims to deter such conduct.
5. Examples of Offenses under Section 79
   • Example 1: A person makes lewd comments to a woman in a public place with the intent to humiliate her. This behavior constitutes an offense under Section 79 due to its intent to insult her modesty.
   • Example 2: An individual uses offensive gestures toward a woman to harass or demean her. This act can be prosecuted under Section 79, as it involves a gesture intended to violate her dignity.
6. Purpose of Section 79
   • Section 79 aims to:
     • Protect women from verbal and non-verbal harassment that threatens their sense of respect, dignity, and personal boundaries.
     • Reinforce the right of women to move freely without fear of insult or degradation in public and private spaces.
     • Deter individuals from engaging in behavior that targets women’s dignity, emphasizing that such conduct has legal consequences.
7. Upholding Women’s Right to Dignity and Respect
   • Section 79 underscores that women’s dignity is to be respected at all times, and any behavior meant to demean or insult is unacceptable.
   • By criminalizing words, gestures, and acts that violate a woman’s modesty, this section supports an environment where women can live and work without harassment or intimidation.

Importance of Section 79

Section 79 is a crucial provision for safeguarding women’s dignity by criminalizing behavior that seeks to insult or offend their modesty. By penalizing such conduct, this section aims to promote a respectful society where women are free from harassment and protected from actions that demean or degrade them.

In summary, Section 79 of the BNS provides for imprisonment of up to three years, fines, or both for individuals who use words, gestures, or acts intended to insult the modesty of a woman. This section supports the right to dignity and respect, helping deter behavior that violates women’s personal and social boundaries.