BNS Section 77 — Voyeurism

CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD — Of criminal force and assault against woman

Criminal

Summary

Whoever watches a woman doing a private act, or captures an image of her doing so, in circumstances where she would normally expect not to be seen by the perpetrator or by anyone else at the perpetrator's request, or shares such an image, is punished on a first conviction with imprisonment of either kind for a term of at least one year and up to three years, along with a fine. On a second or later conviction, the punishment is imprisonment of either kind for a term of at least three years and up to seven years, along with a fine.

Explanation 1 clarifies that a private act includes watching done in a place that, 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 states that if the victim consents to the capture of the images or to any act, but does not consent to their sharing with third persons, and such image or act is shared, that sharing is considered an offence under this section.

Official Text

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.

Related Judgments

  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
  • SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
  • SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
  • SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)
  • SC (2025) Vol.7 p.105 — Supreme Court of India (2025)

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