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IPC Section 354C in BNS: Section 77

Voyeurism

Section 354C of the Indian Penal Code, 1860 (Voyeurism) corresponds to Section 77 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 77 is cognizable, bailable, triable by Court of Session; punishment: Imprisonment for not less than 1 year but which may extend to 3 years and fine.

Bail, cognizability and punishment

SectionOffencePunishmentCognizableBailableTriable by
77Voyeurism.Imprisonment for not less than 1 year but which may extend to 3 years and fine.CognizableBailableCourt of Session
77Second or subsequent conviction.Imprisonment for not less than 3 years but which may extend to 7 years and fine.CognizableNon-bailableCourt of Session

Source: BNSS, 2023, First Schedule, Part I.

The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.

Text of BNS Section 77

77. 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 aterm 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.

Explanation 1.—For the purposes of this section, “private act” includes an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy and where the victim’s genitals, posterior or breasts are exposed or covered only in underwear; or the victim is using a lavatory; or the victim is doing a sexual act that is not of a kind ordinarily done in public.

Printing or publishing any matter relating to Court proceedings without permission.

Assault or use of criminal force to woman with intent to outrage her modesty.

Sexual harassment.

Assault or use of criminal force to woman with intent to disrobe.

Voyeurism.

Stalking.

Word, gesture or act intended to insult modesty of a woman.

Dowry death.

Cohabitation caused by man deceitfully inducing belief of lawful marriage.

Marrying again during lifetime of husband or wife.

Explanation 2.—Where the victim consents to the capture of the images or any act, but not to their dissemination to third persons and where such image or act is disseminated, such dissemination shall be considered an offence under this section.

Full BNS Section 77 and every IPC section it replaced →

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