She stood before the mirror, adjusting her saree in the privacy of her room, unaware that a small camera, hidden behind the curtain rod, was recording every moment. What she believed was her safe space—her bedroom—had been violated by someone’s perverse curiosity. Days later, she received a message on her phone—an anonymous link containing the same footage that had been secretly captured. Shock turned to fear, and fear to anger. She realized that what had happened to her wasn’t just a breach of privacy; it was a crime.
This story, though fictional, mirrors the experiences of countless women who fall victim to voyeurism, a form of sexual exploitation that thrives on technology, secrecy, and humiliation. With the introduction of the Bharatiya Nyaya Sanhita (BNS), 2023, the Indian legal system continues its strong stand against such violations, ensuring that no woman has to suffer silently behind closed doors. Section 77 of the BNS specifically criminalizes voyeurism, reinforcing a woman’s right to dignity and privacy.
Understanding Section 77 of the Bharatiya Nyaya Sanhita (BNS)
Section 77 of the BNS deals with the offence of voyeurism. In simple terms, voyeurism means secretly watching or recording a woman engaged in private acts without her consent or knowledge. Such acts may include capturing her images in moments of privacy or sharing such content with others.
The section recognizes that a woman has a reasonable expectation of privacy—be it in her bedroom, bathroom, changing room, or any place where she assumes she is away from the public gaze. When someone violates that trust, it becomes a punishable criminal offence.
The section states:
“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 image shall be punished on 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 fine, and be punished on a second or subsequent conviction, with 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 fine.”
Key Ingredients of the Offence
To constitute the offence of voyeurism under Section 77 BNS, the following elements must be present:
- The victim must be a woman.
The provision is specifically designed to protect women from acts that intrude upon their bodily privacy and dignity. - The act must involve watching or capturing an image.
The offender must have either watched the woman directly or used some device to record her without her consent. - The act must occur during a private moment.
The woman must be engaged in a private act—such as changing clothes, using the lavatory, or any act where she expects not to be seen. - There must be a reasonable expectation of privacy.
The act must occur in circumstances where the woman reasonably expects privacy—such as in her home, washroom, hotel room, etc. - Dissemination of captured images without consent.
Even if the woman consented to the image being taken, sharing or distributing that image without her consent is an independent offence under this section.
Explanation of “Private Act”
The law clearly defines what qualifies as a private act. According to Explanation 1 of Section 77:
A “private act” includes—
- Acts done in a place reasonably expected to provide privacy;
- Situations where the woman’s genitals, posterior, or breasts are exposed or covered only in underwear;
- When the woman is using a lavatory; or
- When the woman is engaged in a sexual act not meant for public viewing.
This means that any unauthorized act of watching or recording a woman in such moments violates her right to privacy and attracts criminal liability.
Dissemination of Images and Consent
Under Explanation 2, the law distinguishes between consent for capturing an image and consent for sharing it.
If a woman consents to the recording of her private moments but does not consent to their dissemination, then sharing those images or videos with others still constitutes an offence.
This provision addresses modern crimes like revenge porn, where private recordings made with consent are later shared online to shame or blackmail the victim.
Punishment under Section 77 BNS
The punishment for voyeurism is graded depending on whether it is the first offence or a repeat offence:
- First Conviction:
- Imprisonment: Minimum of 1 year and up to 3 years.
- Fine: Imposed as determined by the court.
- Second or Subsequent Conviction:
- Imprisonment: Minimum of 3 years and up to 7 years.
- Fine: As determined by the court.
This graduated punishment ensures that repeat offenders are dealt with more severely, recognizing the persistent and degrading nature of such crimes.
Importance of Section 77 BNS in Protecting Women’s Dignity
Section 77 of the Bharatiya Nyaya Sanhita plays a vital role in protecting women’s privacy and upholding their dignity in the digital age. With the increasing misuse of mobile phones, CCTV cameras, and the internet, the law ensures that women’s personal spaces remain protected.
- Empowerment through legal recognition:
The inclusion of voyeurism as a specific offence highlights that invasion of privacy is not a trivial act—it is a form of sexual violence. - Digital safety:
The law extends protection against online crimes where images or videos are shared without consent. - Deterrent effect:
Strict punishments act as a deterrent for individuals who attempt to misuse technology for voyeuristic acts. - Protection of bodily autonomy:
Every woman has the right to decide who can see her in intimate moments. Section 77 reinforces this autonomy as a legal right.
Judicial Interpretation and Landmark Cases
Although Section 77 is a new provision under the Bharatiya Nyaya Sanhita, 2023, it is derived from Section 354C of the Indian Penal Code (IPC). Courts have already laid down strong precedents in interpreting similar offences.
1. State of Punjab v. Major Singh (1966 AIR 97):
The Supreme Court emphasized that modesty is an attribute associated with the female sex and that any act that invades this modesty, including voyeurism, constitutes an offence.
2. Ritesh Sinha v. State of Uttar Pradesh (2019):
While dealing with privacy and technological intrusion, the Court reaffirmed that privacy is a fundamental right under Article 21 of the Constitution, extending protection to bodily and informational privacy.
3. Justice K.S. Puttaswamy (Retd.) v. Union of India (2017):
In this landmark case, the Supreme Court held that the right to privacy is a part of the fundamental right to life and liberty. Section 77 BNS reflects this principle in the context of women’s safety.
How Victims Can Seek Justice under Section 77 BNS
If a woman believes she has been a victim of voyeurism, she can take the following legal steps:
- File an FIR:
The first step is to lodge a First Information Report (FIR) under Section 77 BNS at the nearest police station. The offence is cognizable and non-bailable, which means police can arrest the accused without a warrant. - Preserve Evidence:
If images or videos have been captured or shared, the victim should preserve any digital evidence such as messages, links, or screenshots. - Approach Cyber Crime Cell:
For cases involving online dissemination, victims can report the incident to the cybercrime portal for immediate action.
Legal Counsel:
Victims should seek assistance from a lawyer experienced in handling sexual offences and cybercrime matters.
Support Services:
Women can also contact the National Commission for Women (NCW) or local women’s cells for counseling and legal aid.
Challenges in Implementation
Despite strong legal provisions, victims often face hurdles in reporting voyeurism:
- Fear of stigma:
Many women fear social judgment or victim-blaming if their private images become public. - Lack of awareness:
Victims may not know that voyeurism is a specific offence under law. - Technological complexity:
Tracing the source of leaked videos or images online can be difficult. - Need for digital literacy:
Greater awareness is required among women to protect themselves from hidden cameras, unsafe apps, and unauthorized sharing.
Government and Judicial Efforts
The government has been promoting cyber safety campaigns and digital awareness initiatives to educate citizens about online crimes. Moreover, courts have consistently emphasized the need for protecting the dignity of women in digital spaces.
The Bharatiya Nyaya Sanhita represents India’s evolving criminal jurisprudence—where privacy, dignity, and consent are treated as integral parts of a woman’s safety.
Conclusion
Voyeurism is not just a crime of watching—it is a crime of violation, humiliation, and betrayal. Section 77 of the Bharatiya Nyaya Sanhita (BNS) stands as a robust legal safeguard against those who attempt to exploit a woman’s private moments for personal gratification or public ridicule. It recognizes that privacy is not a privilege but a fundamental right that extends to every woman, whether within her home or in any space she reasonably expects to be safe.
By understanding and enforcing Section 77 BNS, society takes a decisive step toward ensuring that every woman can live with dignity, security, and the assurance that her privacy will never again be stolen by the lens of another.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304