Voyeurism

Q: When did Section 77 of the Bharatiya Nyaya Sanhita come into force?

Section 77 of the Bharatiya Nyaya Sanhita, cited as BNS 77, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.

In force From 01 Jul 2024 Act 45 of 2023 As on 15 Oct 2026

Act 45 of 2023 Ministry Home Affairs Enacted 25 Dec 2023 In force 01 Jul 2024 Cited by 1 provision

Section 77 of the Bharatiya Nyaya Sanhita, 2023 deals with voyeurism. 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 conv The Act came into force on 01 Jul 2024.

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.
Section 77, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

Referred to by 1

s. 199 Public servant disobeying direction under law

How this offence is classified

From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion. This section is classified 2 ways.

Offence	Punishment	Cognizable	Bailable	Triable by
Voyeurism.	Imprisonment for not less than 1 year but which may extend to 3 years and fine.	Cognizable.	Bailable.	Court of Session.
Second or subsequent conviction.	Imprisonment for not less than 3 years but which may extend to 7 years and fine.	Cognizable.	Non-bailable.	Court of Session.

The Bharatiya Nagarik Suraksha Sanhita, 2023

Questions about Section 77

What does Section 77 of the Bharatiya Nyaya Sanhita deal with?

Section 77 of the Bharatiya Nyaya Sanhita is headed "Voyeurism". 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 conv

Is Section 77 of the Bharatiya Nyaya Sanhita bailable?

Bailable, on a first conviction, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. This section is classified 2 ways; all of them are set out on this page.

Is Section 77 of the Bharatiya Nyaya Sanhita cognizable?

Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Court of Session.

How do I find court cases under Section 77 of the Bharatiya Nyaya Sanhita?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 77, section 77 BNS, section 77 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 77 triable by which court and bns 77 78. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 77 of the Bharatiya Nyaya Sanhita, and has it changed?

1 other provision in this corpus refers back to it.

When did Section 77 of the Bharatiya Nyaya Sanhita come into force?

Section 77 of the Bharatiya Nyaya Sanhita, cited as BNS 77, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.