Section 79 BNS: Word, gesture or act intended to insult modesty of a woman
Bharatiya Nyaya Sanhita, 2023
Section 79 BNS at a Glance
Section 79 BNS deals with word, gesture or act intended to insult modesty of a woman. It is bailable and cognizable, triable by any Magistrate; it replaced Section 509 IPC on 1 July 2024.
Simple imprisonment for up to three years.
Section 79 BNS Bare Act Text
79. Word, gesture or act intended to insult the modesty of a woman
Whoever, intending to insult the modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object in any form, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine.
Source: Section 79, Bharatiya Nyaya Sanhita, 2023
Section 79 BNS in Simple Words
Section 79 of the Bharatiya Nyaya Sanhita (BNS) deals with words, gestures, sounds, or acts intended to insult the modesty of a woman. It applies where the accused utters any words, makes any sound or gesture, exhibits any object in any form intending that it be heard or seen by a woman, or intrudes upon her privacy, with the intention to insult her modesty. In practice, this provision is used in cases involving obscene remarks, lewd comments, vulgar gestures, or intrusions into a woman's privacy in public or private settings.
The prosecution must show that the conduct was intentional and that it was aimed at insulting the woman's modesty. It is punishable with simple imprisonment for up to three years and fine, playing an important role in protecting women from harassment and verbal or visual abuse.
Ingredients of Section 79 BNS
- Intending to insult the modesty of a woman under Section 79 BNS
- Uttering words, making sounds or gestures, or exhibiting any object in any form intended to be heard or seen by her
- Intruding upon the privacy of a woman with intent to insult her modesty
Punishment Under Section 79 BNS
Simple imprisonment for up to three years.
Fine as well as imprisonment. The court must impose both, and the section sets no limit on the amount.
Insulting the modesty of a woman by words, sounds, gestures, exhibiting objects or intruding upon her privacy is punishable with simple imprisonment for up to three years, and also with fine. The offence is cognizable, bailable, triable by any Magistrate, and compoundable by the woman without permission of the court.
Example of Section 79 BNS
When Section 79 BNS Does Not Apply
- The accused acted without any intention to insult the modesty of the woman, as where a sound or gesture was purely accidental or not addressed to her
- The words, sound, gesture or object were not intended to be heard or seen by the woman, and there was no intrusion upon her privacy
Section 79 BNS in the IPC (Previous Law)
Section 79 BNS replaces Section 509 IPC from the old criminal code.
Section 509 IPC corresponds to Section 79 BNS. The BNS adds the phrase in any form after exhibits any object, and drops the word the before modesty in the section heading. The punishment of simple imprisonment up to three years and mandatory fine remains unchanged.
View IPC Section 509 →FAQs on Section 79 BNS
What kind of conduct falls under Section 79 BNS?▼
It covers offensive words, obscene gestures, lewd remarks, exhibiting objects in any form, and intruding upon a woman's privacy. The key point is the intention to insult her modesty, not merely bad manners or a rude conversation.
Is a physical act necessary for the offence under Section 79 BNS?▼
No. Spoken words, written messages, gestures, or sounds can also attract this provision if they are intended to insult a woman's modesty. A physical act is only one possible form of conduct.
Can a false complaint be made under Section 79 BNS?▼
Like any criminal complaint, it can be misused, so courts look at the facts carefully. The complainant's statement, surrounding circumstances, and any supporting evidence matter a great deal.
What is the punishment under Section 79 BNS?▼
The punishment under Section 79 BNS is simple imprisonment for a term which may extend to three years, and also with fine. The offence is bailable and compoundable.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·