Voyeurism
What this section does
This section penalises voyeurism, defined as watching or capturing the image of a woman engaged in a private act in circumstances where she would reasonably expect privacy, or disseminating such images. Enhanced punishment applies on second or subsequent conviction. Consent to capture but not to dissemination is also covered.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- First conviction: imprisonment of either description not less than one year and up to three years, and fine. Second or subsequent conviction: imprisonment of either description not less than three years and up to seven years, and fine.
- Triable by
- Sessions Court
- Cognizable
- Yes
- Bailable
- No
- Compoundable
- No
Ingredients (what prosecution must prove)
- Accused watched or captured the image of a woman engaged in a private act, OR disseminated such image
- The circumstances were such that the woman would usually have the expectation of not being observed by the perpetrator or any other person at the perpetrator's behest
- In dissemination cases: the image was disseminated even if the woman consented to its capture but not to its dissemination to third persons
Practitioner note
Explanation 1 defines 'private act' broadly to include situations where genitals, posterior or breasts are exposed or covered only in underwear, use of a lavatory, or a sexual act not ordinarily done in public. Explanation 2 clarifies that dissemination without consent is an offence even where the original capture was consensual. Mandatory minimums apply at both conviction stages.
- IPC Section 354C — Voyeurism
Read the official text
For the binding statutory text of BNS Section 77, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 77 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.