Law and You > Criminal Laws > Bharatiya Nyaya Sanhita, 2023 > Sexual Harassment, Disrobing, Voyeurism, and Stalking (S. 75 to 89 BNS)

Among important provisions of The Bharatiya Nyaya Sanhita, 2023 (BNS) are those dealing with offences such as disrobing, voyeurism and stalking, which reflect a growing recognition of crimes that violate personal space and psychological well-being, beyond just physical harm. These offences, often rooted in power imbalance and gender-based violence, have been more explicitly defined and addressed to ensure stronger legal protection and accountability. By criminalizing such acts with greater clarity and seriousness, the BNS aims to respond to contemporary forms of harassment and intrusion, particularly in an increasingly digital and interconnected society.

Assault or Use of Criminal Force to Woman with Intent to Disrobe

Section 76 BNS:

Assault or Use of Criminal Force to Woman with Intent to Disrobe:

Whoever assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked, shall be punished 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.

Ingredients of Section 76 BNS:

• A man should be the accused who is committing the assault.
• There should be the use of criminal force or abetment or assault of any such act.
• The intention of disrobing or compelling the victim (woman) to be naked.

The offence of intent to disrobe a woman is being made out in the Section 76 BNS wherein it has been stated that if any man assaults or uses the criminal force to any woman or makes the abetment of such act with an intention of disrobing the woman or with intention to compel her to become naked is liable for the punishment.

The intention of the legislature was to make such act an offence as it thinks in its wisdom that such instances and acts of stripping a woman off her clothes is utterly disgraceful, embarrassing and are of mortifying position. Moreover, such cases do not require any direct and physical touch.

Punishment:

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.

Classification of Offence:

The offence under this Section is cognizable, non-bailable, non-compoundable and is triable by Court of Session.

Voyeurism and Stalking:

Voyeurism and stalking are distinct but related offences under the Bharatiya Nyaya Sanhita (BNS), both aimed at protecting an individual’s privacy, dignity, and personal security.

Offence of Voyeurism:

The origin of the word “voyeurism” is voyeur, which is a French word meaning “one who looks.” Voyeurism is a sexual deviance that involves observing others without their consent. It is a behaviour that is often associated with a lack of empathy and respect for the privacy and autonomy of others. Voyeurism is a widespread problem across the world. The social, cultural, and legal factors that contribute to voyeurism are complex and multifaceted. Voyeurism refers to the act of observing someone, particularly their intimate moments, without their consent. It is a form of non-consensual invasion of privacy and has been recognized as a serious issue worldwide. In India, voyeurism is a gender-specific issue that predominantly affects women. It can involve peeping through windows, using hidden cameras, or spying on others without their consent.

While voyeurism may seem harmless to some, it can have serious legal and ethical implications, as it often violates the privacy and dignity of the individuals being observed. The impact of voyeurism on its victims is severe. Victims of voyeurism often experience anxiety, depression, and post-traumatic stress disorder (PTSD). They may feel violated, humiliated, and ashamed, leading to a loss of confidence and self-esteem. The effects can be long-lasting, affecting their relationships and quality of life.

In many jurisdictions, voyeurism is considered a criminal offense, and individuals caught engaging in voyeuristic behaviour may face legal consequences such as fines, imprisonment, or being required to register as sex offenders. Voyeurism is a criminal offense under Section 77 BNS.

Section 77 BNS:

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 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.

Punishment:

• 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
• 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.

Classification of Offence:

For the first conviction, the offence under this Section is cognizable, bailable, non-compoundable and is triable by Court of Session.

For the subsequent conviction, the offence under this Section is cognizable, Non-bailable, non-compoundable and is triable by Court of Session.

Provision of Voyeurism under IT Act, 2000

Section 67:

Punishment for Violation of Privacy:

Whoever intentionally or knowingly captures, publishes, or transmits the image of a private area of any person without his or her consent, under the circumstances violating the privacy of that person, shall be punished with imprisonment, which may extend to three years or with fine not exceeding two lakh rupees, or with both.

Offence of Stalking:

A form of harassment known as stalking entails persistently paying someone unwelcome attention or making contact with them. Physical injury, emotional discomfort, anxiety, and sadness are just a few of the negative effects that stalking can have on a victim. It can negatively affect the mental and physical health of stalking victims since they often feel defenceless and helpless. Stalking can, in severe circumstances, result in sexual assault, murder, or suicide.

Section 78:

Stalking:

(1) Any man who—

(i) follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or

(ii) monitors the use by a woman of the internet, e-mail or any other form of electronic communication, commits the offence of stalking: Provided that such conduct shall not amount to stalking if the man who pursued it proves that—

(i) it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or

(ii) it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or

(iii) in the particular circumstances such conduct was reasonable and justified.

(2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term 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 may extend to five years, and shall also be liable to fine.

Ingredients of Section 78 BNS:

• The accused must be a man and victim must be a woman.
• Follow or contact a woman or attempt to contact; or
• Monitors the use by the woman of the internet, email or any other electronic communication.
• Despite disinterest of woman.

Section 78 BNS has a proviso attached to it which carves out an exception to this offence. If a part of responsibility is imposed on a person by the State to prevent and detect any crime and such acts must be pursued by any law and in the particular circumstances such conduct of the person must be reasonable and justified then, it will not amount to stalking.

Punishment:

• On first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and
• On a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

Classification of Offence:

For the first conviction, the offence under this Section is cognizable, bailable, non-compoundable and is triable by any Magistrate.

For the subsequent conviction, the offence under this Section is cognizable, Non-bailable, non-compoundable and is triable by any Magistrate.

Insulting Modesty of a Woman

Section 79 BNS:

Word, Gesture or Act Intended to Insult Modesty of a Woman:

Whoever, intending to insult the modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object in any form, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine.

Section 79 BNS criminalizes any act done with the intention of insulting the modesty of a woman, even in the absence of physical contact. It covers a wide range of conduct, including the use of offensive or sexually suggestive words, making inappropriate sounds or gestures, or displaying obscene objects, provided such acts are intended to be seen or heard by the woman. The provision also extends to intrusion upon a woman’s privacy, thereby recognizing that violations of personal space and dignity can occur through non-physical means. The emphasis on intention is crucial, as the act must be done deliberately to insult or outrage the woman’s sense of decency and dignity.

Punishment:

Simple imprisonment for a term which may extend to three years, and also with fine.

Classification of Offence:

The offence under this Section is cognizable, bailable, non-compoundable and is triable by any Magistrate.

Conclusion:

The offences of disrobing, voyeurism and stalking under the BNS reflect a progressive shift toward recognizing and addressing violations of a woman’s dignity, privacy, and autonomy. By clearly defining these acts and prescribing stringent punishments, the law acknowledges the serious physical, emotional, and psychological harm caused by such conduct. It also responds to emerging forms of harassment, particularly in digital spaces, where privacy is increasingly vulnerable. However, the true impact of these provisions lies in their effective enforcement, greater public awareness, and a sensitive approach by law enforcement and the judiciary. Strengthening these aspects will ensure that the law not only punishes offenders but also creates a safer and more respectful environment for women in society.