Introduction: A Story of Everyday Harassment
She was returning home after a long day at work. The evening sun had almost set, and the street was dimly lit. As she walked past a group of men standing at the corner, one of them made a comment — vulgar, unnecessary, and deeply humiliating. The others laughed. She pretended not to hear, kept walking fast, heart pounding.
It wasn’t the first time. Every day, the same street, the same looks, the same words that made her feel unsafe in her own city.
What those men did might seem like “just words” to some, but to her — it was a violation of her dignity and peace. And this is where the law steps in through Section 79 of the Bharatiya Nyaya Sanhita (BNS), a provision aimed at protecting a woman’s modesty, dignity, and right to live free from verbal and visual harassment.
Understanding Section 79 of the Bharatiya Nyaya Sanhita (BNS)
Section 79 of the BNS states:
“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.”
In simple terms, this section makes it a criminal offence to insult the modesty of a woman through words, gestures, sounds, or actions. It also includes any act of intruding upon a woman’s privacy with the intention to insult or harass her.
This provision recognizes that harassment doesn’t always need to be physical to be deeply harmful. Verbal taunts, indecent gestures, or even showing inappropriate objects — all fall within the scope of this offence if done with the intent to insult a woman’s modesty.
The Essence of Section 79 BNS
Section 79 BNS is based on the fundamental idea that a woman’s dignity and modesty are intrinsic to her identity. Any act that intentionally targets these aspects — even through words or gestures — is a crime.
The law here goes beyond physical harm; it covers the psychological and emotional distress caused by such acts. It acknowledges that the right to privacy and respect is as essential as physical safety.
Key Elements of the Offence
To understand this section properly, we must look at its key components:
- Intention to Insult Modesty:
The core of this section lies in the intent of the offender. The act must be done with a deliberate purpose to insult, humiliate, or degrade the woman’s modesty. Even if the act seems “minor” or “playful” in appearance, if the intent is malicious, it becomes punishable. - Use of Words, Gestures, or Sounds:
The law covers all forms of communication — spoken words, gestures, signs, or sounds. This includes catcalling, whistling, making obscene remarks, or using sexually colored language. - Exhibiting Objects or Visuals:
Showing obscene pictures, videos, or any indecent material to a woman intending to offend her modesty is covered under this section. - Intruding Upon Privacy:
This includes acts like peeping into a woman’s private space, following her, or invading her personal boundaries in any way that violates her dignity. - Punishment:
The punishment under Section 79 BNS is simple imprisonment up to three years, along with a fine. The court can decide the severity based on the nature and gravity of the incident.
The Concept of Modesty in Law
The word “modesty” has a specific legal interpretation. It refers to a woman’s sense of decency and dignity as understood by society.
In the landmark judgment of State of Punjab v. Major Singh (1967 AIR 63 SC), the Supreme Court observed that:
“The essence of a woman’s modesty is her sex. The modesty of an adult female is offended when any act is done which is capable of shocking the sense of decency of a woman.”
Therefore, even if there is no physical contact, words or gestures that violate the decency and dignity of a woman amount to an offence under this section.
Illustrations to Understand the Law
- A man makes vulgar comments or whistles at a woman passing by on the street — this constitutes an offence under Section 79 BNS.
- A person makes obscene gestures towards a woman in a public place — it is punishable under this section.
- A man shows pornographic material or pictures to a woman against her will — this too falls under Section 79.
- Even online actions — such as sending obscene images or making sexual comments in chat messages — can amount to insulting modesty.
Why This Law Matters
Harassment of women in public spaces, workplaces, and even online platforms often starts with words, comments, and gestures. What may seem trivial or harmless can cause lasting psychological trauma and discourage women from living freely.
Section 79 BNS serves as a deterrent to those who think verbal or visual harassment is not “serious enough” to invite legal punishment.
It upholds the constitutional right of women to live with dignity, equality, and safety as guaranteed under Article 21 of the Constitution of India.
Difference Between Section 79 BNS and Section 75 BNS (Sexual Harassment)
While both deal with harassment, Section 79 BNS focuses on verbal and gestural insults to modesty, whereas Section 75 BNS addresses acts involving physical advances, demands for sexual favours, or showing pornography.
Section 79 can be invoked even in cases where there is no physical contact but where the words or actions alone are enough to humiliate or insult a woman.
Real-Life Example
In one real-life case, a woman filed a complaint after a man repeatedly made obscene gestures and comments whenever she passed by. She felt unsafe, humiliated, and traumatized.
The court found the accused guilty under Section 509 IPC (now equivalent to Section 79 BNS), observing that insulting a woman’s modesty, even through gestures, is a punishable act.
The judgment emphasized that a woman’s sense of dignity is not subjective — it is protected by law and must be respected by all.
Legal Remedies for the Victim
If a woman faces such harassment, she can:
- File a police complaint under Section 79 BNS at the nearest police station.
- If the offence occurs at work, she can also approach the Internal Complaints Committee (ICC) under the POSH Act (2013).
- She can seek criminal prosecution, and the offender may face imprisonment and fine.
- If the harassment occurs online, she can file a complaint with the Cyber Crime Cell under the Information Technology Act.
Defences Not Acceptable
Often, accused persons claim that the comments or gestures were made “in fun” or “without intent.” However, the law focuses on the intention and effect of the act.
If a woman felt insulted and it can be reasonably inferred that the act was meant to degrade or humiliate, the defence of “it was just a joke” does not stand.
Connection with Right to Privacy and Dignity
The Supreme Court has repeatedly emphasized that the Right to Privacy and Right to Dignity are fundamental parts of Article 21 of the Constitution.
When a man intrudes upon a woman’s personal space with the intention to insult her modesty, he not only commits a statutory offence but also violates her fundamental rights.
Punishment Under Section 79 BNS
- Imprisonment: Up to 3 years
- Fine: As decided by the court
- Type of Offence: Cognizable and Bailable (depending on the circumstances)
- Trial: Triable by any Magistrate
The punishment aims to balance deterrence with justice — ensuring that offenders are penalized while victims feel safe to seek legal help.
Role of Society in Upholding Women’s Dignity
Laws like Section 79 BNS can only be effective when society collectively rejects the normalization of harassment. We must shift the mindset that tolerates verbal abuse as “harmless fun.”
Every citizen, regardless of gender, has a duty to respect others’ dignity and personal boundaries.
Workplaces, educational institutions, and public spaces should have clear policies and awareness programs against such behaviour to create a culture of respect and accountability.
Conclusion
Section 79 of the Bharatiya Nyaya Sanhita is a crucial step toward ensuring that a woman’s dignity is protected not just from physical violence but also from verbal and visual abuse that can leave deep emotional scars.
When a woman is insulted through words, gestures, or acts intended to shame or humiliate her, it’s not just her modesty that’s attacked — it’s her fundamental right to live with dignity.
The law sends a clear message:
“A woman’s dignity is non-negotiable. No word, gesture, or act that seeks to degrade it will go unpunished.”
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