Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 77: Voyeurism.
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 an image, shall be punished on the 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 a fine. On a second or subsequent conviction, the punishment shall be 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 a fine.
- Explanation 1: For the purposes of this section, a private act includes an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy, where the victim’s genitals, posterior, or breasts are exposed or covered only in underwear, or where the victim is using a lavatory or 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 images or any act but does not consent to their dissemination to third persons, and such image or act is disseminated, such dissemination shall be considered an offence under this section.
Brief Detail
BNS Section 77 outlines the offence of voyeurism. It criminalizes the act of watching or capturing images of a woman during private acts where she expects not to be observed. The law provides strict punishments for first-time and repeat offenders, ranging from imprisonment to fines. It also explains that capturing images in private spaces like bathrooms or during acts not usually done in public is an offence, and further clarifies that disseminating images without consent is a criminal act.
Question & Answers
Q1: What is the punishment for a first-time conviction under BNS Section 77?
A1: The punishment for a first-time conviction is imprisonment for a term of not less than one year, which may extend to three years, along with a fine.
Q2: What constitutes a private act under this section?
A2: A private act includes watching someone in a place where privacy is reasonably expected, such as when the victim’s genitals, posterior, or breasts are exposed or covered only in underwear, or when the victim is using a lavatory or performing a sexual act not usually done in public.
Q3: What happens if someone is convicted for a second time under this section?
A3: Upon second or subsequent conviction, the punishment is imprisonment for a term not less than three years, which may extend to seven years, along with a fine.
Q4: Is it an offence to disseminate images if the victim consented to their capture?
A4: Yes, if the victim consents to the capture but not to the dissemination of the images, and they are disseminated to third persons, it is considered an offence under this section.
Example
A person secretly watches and captures images of a woman in a private changing room where she expects not to be observed. This person then shares these images with others without the woman’s consent. Under BNS Section 77, the individual could be convicted of voyeurism and face imprisonment for at least one year and a fine for the first offence. If convicted again for a similar act, the imprisonment term would increase to a minimum of three years.
Summary
BNS Section 77 makes voyeurism a punishable offence, targeting individuals who watch or capture images of women in private acts without consent. The section emphasizes privacy rights and imposes severe penalties for those who violate these boundaries, especially when images are disseminated without permission. The punishments increase with repeated offences, reinforcing the seriousness of the crime.
