Section 77 BNS: Voyeurism
Bharatiya Nyaya Sanhita, 2023
Section 77 BNS at a Glance
Section 77 BNS deals with voyeurism. It is cognizable, triable by any Magistrate; it replaced Section 354C IPC on 1 July 2024.
Imprisonment 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.
Section 77 BNS Bare Act Text
77. 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.
Source: Section 77, Bharatiya Nyaya Sanhita, 2023
Section 77 BNS in Simple Words
Section 77 of BNS deals with voyeurism. In simple terms, it punishes a person who watches, captures, or shares the image of a woman engaged in a private act, when she has a reasonable expectation of privacy. The law also covers situations where such images are circulated later, even if the person did not personally record them.
This section applies where the woman is doing a private act such as changing clothes, using a restroom, or being in a similar private setting. The focus is on the lack of consent and the breach of privacy. It is meant to protect women from covert surveillance and misuse of images taken in intimate or secluded situations.
In practice, this section is used in cases involving hidden cameras, mobile phone recordings, and online sharing of private visuals. Since the offence can cause serious humiliation and long-term harm, police often treat it seriously. For the accused, the main issues are whether there was a private act, whether the woman had a reasonable expectation of privacy, and whether the act was done without consent.
Ingredients of Section 77 BNS
- Whoever watches, captures an image of, or disseminates an image of a woman engaging in a private act
- The woman had a reasonable expectation of not being observed, or consented to capture but not to dissemination of the image
- Application to offenders of any gender under Section 77 BNS
Punishment Under Section 77 BNS
Imprisonment 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.
The offender is also liable to fine in addition to imprisonment on both first and subsequent convictions.
- Bailable: Bailable on first conviction; non-bailable on a second or subsequent conviction
Voyeurism carries imprisonment of not less than one year extending up to three years and liability to fine on first conviction, and imprisonment of not less than three years extending up to seven years and liability to fine on a second or subsequent conviction. Under the First Schedule to the CrPC, the offence is cognizable, triable by any Magistrate, non-compoundable, bailable on first conviction, and non-bailable on a second or subsequent conviction.
Example of Section 77 BNS
When Section 77 BNS Does Not Apply
- The person being watched or whose image is captured is not a woman
- The act did not take place in circumstances providing a reasonable expectation of privacy, or did not involve a private act as defined in Explanation 1
- The woman voluntarily consented to both the capture and the dissemination of the images
Section 77 BNS in the IPC (Previous Law)
Section 77 BNS replaces Section 354C IPC from the old criminal code.
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.
View IPC Section 354C →FAQs on Section 77 BNS
What kind of act is covered under Section 77 BNS?▼
It covers watching, capturing, or disseminating the image of a woman engaged in a private act. The key point is that she must have had a reasonable expectation of privacy. Hidden recordings in changing rooms, bathrooms, or similar places often fall within this section.
Does Section 77 BNS apply if the image was shared by someone else?▼
Yes, it can apply to a person who shares or circulates such an image, not only to the person who first recorded it. The law looks at the act of dissemination as well. So forwarding a private image can also create criminal liability.
Is consent a defence under Section 77 BNS?▼
Consent to the capture of an image is not a defence if the image is shared with third persons without the woman's consent to dissemination, which Explanation 2 expressly makes an offence. The offence is avoided only if she consented to the act observed or captured and, where disseminated, also consented to its dissemination.
Under Section 77 BNS, is a police complaint enough to start action?▼
Yes, because this is generally a cognizable offence, the police can register and investigate the case. The victim can file an FIR and seek immediate action. Digital evidence, phones, CCTV, and chat records often matter a lot in such cases.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 17 Oct 2026 ·