BNS - Bharatiya Nyaya Sanhita, 2023

Section 77 in THE BHARATIYA NYAYA SANHITA, 2023 – BNS

Voyeurism.

  1. 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.

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