In the digital age, the sanctity of personal privacy faces major threats. With easy access to smartphones and surveillance tools, the risk of people invading others' private lives is higher than ever . This is where Section 77 of the Bharatiya Nyaya Sanhita (BNS), 2023 plays a vital role. It deals with the serious offense of voyeurism.

Voyeurism meaning in legal terms is the act of watching or recording a woman during private moments, such as when she is undressing or using the toilet, without her knowledge or consent. It includes both watching in person and capturing images secretly. Section 77 also punishes people who share or spread such images.

The law recognizes the deep emotional damage this causes. That’s why BNS law introduces strong punishments to stop such acts and protect individuals—especially women—from such harassment in private spaces. Explore other important Judiciary Notes.

Section 77 BNS 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 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.

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.

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.

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

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Section 77 of the Bharatiya Nyaya Sanhita (BNS) is aimed at punishing those involved in voyeurism offences act. It not only criminalizes watching or recording private acts without permission but also prohibits sharing such images. The law clearly states that:

• If someone watches or records a woman in private situations—such as changing clothes, bathing, or using the toilet—it becomes a punishable act under Section 77 of BNS 2023.
   
• If someone shares or forwards such recordings, whether through social media, messaging apps, or any other medium, it counts as dissemination, which is also an offense.
   
• Even if a woman has given consent to be photographed or recorded, consent to capture does not imply consent to share. Unauthorized sharing still counts as voyeurism.
   
• The punishment for the first offense includes imprisonment ranging from 1 to 3 years and a fine.
   
• For repeat offenders, the imprisonment extends from 3 to 7 years, also with a fine.

This law applies whether the act is done directly or through someone else (on behalf of the perpetrator).

Thus, under Section 77 BNS, even forwarding an image captured by someone else, without the subject’s permission, is a crime.

Section 77 BNS Essential Elements

There are four main elements in Section 77 BNS:

• Private Act: The incident must involve a private act, such as changing clothes, sexual activity, or using a lavatory—where there is a natural expectation of privacy. This is central to the definition of voyeurism.
• Consent: Consent plays a vital role. A woman may agree to being recorded, but if the image is shared without her permission, it is still a crime. This is a crucial difference in how voyeurism IPC was previously interpreted.
• Dissemination: Sharing or distributing the image or video of a private act without the woman’s clear consent is a punishable offense. This prevents the further humiliation of the victim.
• Punishment: A first-time offender is jailed for 1 to 3 years. A second-time offender receives 3 to 7 years of imprisonment.

The nature of Section 77 BNS is both preventive and corrective. It protects women’s dignity by ensuring that their personal space and private acts are respected. It covers both direct and indirect involvement in voyeurism offences act.

The scope is broad. It applies to acts committed physically or digitally. Whether someone hides a camera in a dressing room or secretly takes pictures in a washroom, they fall under this law. Even if someone merely shares a video without capturing it themselves, they are liable.

This law builds on the existing voyeurism IPC provision (Section 354C) and strengthens it. The BNS reaffirms that women’s privacy must be respected not just in person, but also online.

By adding a clear explanation of consent, Section 76 and 77 of BNS together emphasize that digital privacy is a right, and any violation is a punishable act.

Comparison: Section 77 BNS vs IPC 354C

Before BNS, similar conduct was covered under section 354C of  Indian Penal Code (IPC). The transition to Section 77 BNS preserved the structure while fitting into the reformed legal framework under the Bharatiya Nyaya Sanhita.

Section 77 BNS Judicial Interpretation

Indian courts have viewed voyeurism as a serious violation of personal liberty. In the Justice K.S. Puttaswamy case, the Supreme Court declared privacy a constitutional right. This ruling laid the foundation for laws like Section 77 BNS.

Courts have held that unauthorized recording and circulation of private images is not just an ethical lapse but a legal offense. Victims face long-lasting mental trauma and humiliation.

In State of Maharashtra vs Mardikar, the court ruled that every woman, regardless of her background, has the right to privacy. Courts now lean heavily on these principles when handling voyeurism offences act under BNS law.

Judges are encouraged to interpret the law in favor of protecting dignity. This reflects a societal shift towards stronger privacy laws, making section 77 BNS bailable or non bailable a vital consideration (it is non-bailable, reflecting its seriousness).

Section 77 BNS Landmark Cases 

The landmark cases relating to section 77 of Bharatiya Nyaya Sanhita,2023 are explained as under, they are -

• Justice K.S. Puttaswamy v. Union of India – Privacy was declared a fundamental right under Article 21. This directly supports BNS law in defining crimes like voyeurism as serious offenses.
• State of Maharashtra v. Mardikar – The Supreme Court emphasized that even sex workers deserve privacy, making it clear that consent is crucial.
• Ritu Kumari v. State of Jharkhand – The court convicted a man for recording women in changing rooms, emphasizing the trauma caused by such acts.
• State v. Anuj Garg – This case highlighted the psychological impact of gender-based privacy violations and promoted stronger protections for women.
• People v. Prakash Chandra – The man was caught filming women in washrooms. The court ruled that sharing even one such video was enough for a harsh sentence.

These cases helped shape how judges now handle voyeurism offences act and interpret laws like section 77 BNS triable by which court ? and the answer is, It is triable by a Magistrate of the first class.

Section 77 BNS Legal Impact

Section 77 BNS has a strong impact on both legal awareness and societal behavior. It empowers women to speak up and seek justice against hidden abuse. The inclusion of clear punishment discourages offenders.

Workplaces, malls, gyms, and hostels are now more careful about camera placements and monitoring. Social media users are also becoming more cautious about forwarding sensitive videos.

The law sends a message: sharing or watching someone’s private moments without their consent is not entertainment—it’s a crime. BNS law ensures that victims have a legal shield.

Furthermore, legal education has now begun to focus more on privacy rights and digital consent. The section is a step forward in India's legal evolution toward a safer digital environment.

Conclusion

In conclusion, Section 77 of BNS 2023 marks a progressive shift in India’s approach to privacy. It ensures that voyeurism offences act are punished not only when committed physically but also when carried out digitally.

The law simplifies legal action for victims and makes it clear that voyeurism IPC has now been replaced with a stronger version. With strict rules on consent and clear definitions, there’s no room left for loopholes.

Whether the offense is watching, capturing, or sharing private content, the law now treats it with the gravity it deserves. Given the seriousness of the crime, section 77 BNS bailable or non bailable is important—it's non-bailable.

Finally, as a part of a larger reform under BNS law, this section ensures India keeps pace with modern threats to personal dignity, creating a safer space for women and upholding the fundamental right to privacy.