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Bharatiya Nyaya Sanhita, 2023 Chapter V · Of Offences Against Woman and Child — Of Criminal Force and Assault Against Woman
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Bharatiya Nyaya Sanhita, 2023 — Section 77

Voyeurism

Section 77 punishes watching, or capturing the image of, a woman engaging in a private act in circumstances where she would ordinarily expect not to be observed, or disseminating such an image. The punishment on first conviction is imprisonment of either description for a term of not less than one year but which may extend to three years, and fine; on a second or subsequent conviction, the minimum and maximum both rise to not less than three years but which may extend to seven years, and fine.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal), which maps Section 77 to old IPC Section 354C (the concordance itself flags this mapping "(Change)"), and cross-checked directly against the bare text of both Acts.

Sourcing gap, disclosed openly (same recurring gap already flagged at Sections 63 through 66, and 70, 71, 75, and 76): old IPC Section 354C, like the other offences added to this Chapter of the Code in the same amendment package, is a post-1860, amended-era addition. This project's local IPC source text predates that amendment, and a direct search of the full local text — including a search for the word "voyeurism" itself — confirms no such provision exists anywhere in local sources under any number. Section 77 is accordingly marked Substantively changed, on the basis of the concordance's own confirmed historical lineage and its own "(Change)" flag, with this specific sourcing limitation disclosed rather than a false comparison being forced.

BNS 77IPC, 1860 equivalent (concordance)Found in local text?Category
77354C (Voyeurism)No — absent from local text under any numberSubstantively changed

This source limitation is disclosed here, rather than a word-by-word comparison being forced.

Quick Reference

Classified as follows in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), quoted as that Schedule words each entry:

First conviction: punishment — “Imprisonment for not less than 1 year but which may extend to 3 years and fine.” · cognizable or non-cognizable — “Cognizable.” · bailable or non-bailable — “Bailable.” · triable by — “Court of Session.”
Second or subsequent conviction: punishment — “Imprisonment for not less than 3 years but which may extend to 7 years and fine.” · cognizable or non-cognizable — “Cognizable.” · bailable or non-bailable — “Non-bailable.” · triable by — “Court of Session.”
Compoundable: Not listed in either compounding table of BNSS S.359.

Statutory Text (Verbatim)

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: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

Watching, capturing, or disseminating the image of a woman's private act

Explanation (Lexovia's Commentary)

Section 77 punishes three distinct forms of conduct, any one of which is enough: watching a woman engaging in a private act, capturing her image while she does so, or disseminating such an image, in each case in circumstances where she would ordinarily expect not to be observed by the perpetrator or anyone acting at the perpetrator's behest. Explanation 1 defines "private act" to include watching carried out somewhere reasonably expected to provide privacy where the victim's genitals, posterior, or breasts are exposed or covered only in underwear, where she is using a lavatory, or where she is doing a sexual act not ordinarily done in public. Explanation 2 addresses a distinct scenario: even where the victim consented to the image or act being captured, if she did not consent to its dissemination to third persons, disseminating it anyway is itself an offence under this section. The punishment escalates on a second or subsequent conviction, with both the minimum and maximum terms rising, reflecting the law's treatment of repeat offending under this section as significantly more serious.

Illustration (Lexovia's Own Example)
A captures an image of Z while Z is using a lavatory, with Z's consent to the capture but not to its onward sharing. A later disseminates the image to third persons without Z's consent. A is liable under Section 77, by operation of Explanation 2, notwithstanding Z's consent to the capture itself. If this is A's first conviction under this section, A is liable to imprisonment of either description for a term of not less than one year but which may extend to three years, and fine.
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Judgment(s) Applicable to This Section (Lexovia's Commentary — Quoted Paragraphs Verbatim)

These judgment(s) relate to Section 77 as a whole rather than to one specific sub-section, and so are presented together here rather than alongside a particular clause above.

Tuhin Kumar Biswas @ Bumba v. State of West Bengal, 2025 INSC 1373 (Supreme Court of India, Criminal Appeal No. 5146 of 2025, arising out of SLP (Crl.) No. 3002 of 2024, decided 2 December 2025, Manmohan & Nongmeikapam Kotiswar Singh, JJ.)

Quoted Paragraph (Verbatim)
Para No. 19
“Section 354C of IPC defines voyeurism as an act of a man watching or capturing the image of a woman engaging in a ‘private act’ in circumstances where she would usually have the expectation of not being observed. ‘Private act’ has been defined in Explanation 1 as an act including ‘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.’”
Para No. 20
“Upon a perusal of the FIR and chargesheet on record, this Court is unable to conclude the same disclose an offence under Section 354C of the IPC since there is no allegation in the FIR and chargesheet that the complainant was watched or captured by the Appellant-accused while she was engaging in a ‘private act’.”
What This Judgment Means (Lexovia's Commentary)

A woman who said she was a tenant went with a friend and some workmen to enter a house in Kolkata that was the subject of a dispute between two co-owners, where a civil court had ordered the parties to keep joint possession. The accused, the son of one co-owner, stopped them from entering and clicked photographs and made a video of her on his mobile phone. She lodged an FIR for wrongful restraint, voyeurism and criminal intimidation (Sections 341, 354C and 506 of the IPC). After a chargesheet, the trial court and the High Court refused to discharge him, and he appealed to the Supreme Court.

On the voyeurism charge the Court went back to what the offence requires: watching, or capturing the image of, a woman engaged in a “private act” in circumstances where she would usually expect not to be observed. Nothing in the FIR or the chargesheet said she had been watched or photographed while doing any such private act, so no voyeurism offence was disclosed. Explanation 1 to Section 77 defines “private act” in the same words the Court quoted. The Court also found the wrongful-restraint and criminal-intimidation charges not made out, discharged the accused, and added that where a civil dispute is pending, police and criminal courts should be careful about filing chargesheets and framing charges unless there is strong suspicion based on legally tenable material.

Currency check: decided December 2025, construing Section 354C of the IPC, whose wording on the “private act” definition appears in Section 77 of the Sanhita unchanged; nothing in the materials reviewed indicates it has been overruled.

Source: copy of the judgment obtained from the Supreme Court of India's official website.

Related / Cross-Referenced Sections

FAQs

Is it still an offence if the victim consented to being photographed?

It can still be an offence in a specific scenario: Explanation 2 makes clear that if the victim consented to the image being captured but not to its dissemination, disseminating it to third persons without her consent is itself an offence under this section.

Does the punishment increase for a repeat offender?

Yes. The section states a separate, higher punishment tier — a minimum of three years and a maximum of seven — for a second or subsequent conviction, compared to one to three years for a first conviction.

What does "private act" mean under this section?

Explanation 1 defines it to include watching carried out somewhere reasonably expected to provide privacy where the victim's genitals, posterior, or breasts are exposed or covered only in underwear, where she is using a lavatory, or where she is doing a sexual act not ordinarily done in public.

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