IPC 354C→BNS 77

IPC 354C to BNS 77: Voyeurism

Section 354C IPC (1860) replaced by Section 77 BNS (2023)

View IPC Section 354C →View BNS Section 77 →

IPC 354C to BNS 77 at a Glance

Section 354C IPC (Voyeurism) is now Section 77 BNS, in force from 1 July 2024. Under the BNS it is cognizable. What changed is set out below.

What Changed From IPC 354C to BNS 77?

Section 354C IPC is succeeded by Section 77 BNS. Under the Bharatiya Nyaya Sanhita, the opening phrase Any man who is replaced by Whoever, making the offence applicable to an offender of any gender, while the victim remains a woman. In Explanation 1, the phrase for the purpose of this section is adjusted to for the purposes of this section. The two-tier punishment of imprisonment for not less than one year extending up to three years on first conviction, and not less than three years extending up to seven years on repeat conviction, along with liability to fine, remains unchanged in substance.

IPC 354C vs BNS 77: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section354C77
OffenceVoyeurismSame
PunishmentImprisonment of either description for not less than one year extending up to three years on first conviction; not less than three years extending up to seven years on a second or subsequent conviction.Same
FineThe offender is also liable to fine in addition to imprisonment on both first and subsequent convictions.Same
BailNon-BailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByAny MagistrateSame

IPC 354C and BNS 77: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 354C, IPC 1860

354C. Voyeurism.—Any man who 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 purpose 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.
BNS 2023 (in force)

Section 77, BNS 2023

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.

Ingredients: IPC 354C vs BNS 77

Under IPC 354C
  1. The offender is a man and the victim is a woman
  2. The woman was engaging in a private act under circumstances where she had a reasonable expectation of not being observed
  3. The accused watched, captured an image of, or disseminated an image of the woman engaging in such private act, or disseminated an image captured with consent without her consent to its dissemination
Under BNS 77
  1. Whoever watches, captures an image of, or disseminates an image of a woman engaging in a private act
  2. The woman had a reasonable expectation of not being observed, or consented to capture but not to dissemination of the image
  3. Application to offenders of any gender under Section 77 BNS

What IPC 354C to BNS 77 Means for Pending Cases

For Section 354C IPC (now Section 77 BNS): under Section 77 BNS, the offence is no longer limited to a male offender, while the victim remains a woman and both punishment tiers are unchanged. A charge for an act done after the BNS came into force cites Section 77 BNS.

FAQs: IPC 354C to BNS 77

What changed between Section 354C IPC and Section 77 BNS?▼

Under Section 77 BNS, the opening words Any man who are replaced with Whoever, making the provision gender-neutral as to the perpetrator. The victim remains a woman, and the two-tier punishment structure remains identical in substance.

Where is Section 354C IPC located in the Bharatiya Nyaya Sanhita?▼

Section 354C IPC is codified as Section 77 BNS, in Chapter V, Of Offences Against Woman and Child, under the sub-heading Of criminal force and assault against woman.

Does Section 354C IPC or Section 77 BNS apply to an act done before 1 July 2024?▼

Section 354C IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 354C IPC. Section 77 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 17 Oct 2026 ·