SECTION 77 BNS - Bharatiya Nyaya Sanhita 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 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.

Example:
Vijay, an employee at a clothing store, sets up a phone to record women trying clothes in the changing / trial room, and later shares these videos on the internet. He is guilty of voyeurism and could face imprisonment for 3-7 years, along with fine. 

Section 77 of the Bharatiya Nyaya Sanhita (BNS) deals with the crime of voyeurism, image capture, and dissemination of private acts without consent. Here are the key points and definitions you need to know about this section:

Criminal Acts Under Section 77:

Watching or capturing: Observing or recording a woman engaging in a private act, where she has a reasonable expectation of privacy, without her consent.

Dissemination: Sharing or distributing images of such private acts to others without the woman’s consent.

Punishment:
First conviction: Imprisonment for a minimum of 1 year, which may extend to 3 years, along with a fine.

Subsequent convictions: Imprisonment for a minimum of 3 years, which may extend to 7 years, along with a fine.

Private Act (as defined in Explanation 1):
Any act performed in a place where the woman would reasonably expect privacy.

Specific acts that constitute a "private act" include:

• The exposure of the victim’s genitals, posterior, or breasts, whether fully exposed or covered only in underwear.
• The woman using a lavatory.
• The woman performing a sexual act that is not typically performed in public.

Consent to Capture vs. Dissemination (Explanation 2):

• If the woman consents to the capture of images or video of a private act but does not consent to their dissemination, sharing those images or videos without her permission is still considered an offense.
• This highlights that even with permission to record, further actions such as sharing or distributing the content without explicit consent are punishable.

Important Definitions:
Private Act: An action carried out in a place where a woman reasonably expects privacy, including exposure of intimate body parts, use of a lavatory, or engaging in sexual acts not typically done in public. Privacy in this context means that no one, especially the perpetrator or anyone acting on their behalf, should observe or capture such acts.

Dissemination: The act of distributing or sharing images, videos, or recordings of the private act without the victim's consent, even if the initial capture was consensual.

Expectation of Privacy: Circumstances where a woman has a reasonable assumption that she is not being watched or recorded, making any violation of that privacy a criminal offense.

Explanation:
Section 77 aims to protect women from the violation of their privacy in spaces and situations where they expect not to be observed or recorded. The section criminalizes both the act of voyeurism (watching or recording) and the dissemination of such recordings. Even if the woman consents to the recording of a private act, the sharing of those images or videos without her explicit consent is an offense under this section.

Understanding this section is crucial in upholding privacy and preventing unauthorized observation, recording, or sharing of intimate or private moments.

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