BNS 77 — Voyeurism.

Bharatiya Nyaya Sanhita, 2023

Statutory text

77. 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.
Stalking.

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