Bharatiya Nyaya Sanhita 2023
Section 77 :
Voyeurism :
(See section 354C of IPC 1860)
Section : 77
Classification of Offence:
Offence : Voyeurism.
Punishment : Imprisonment of not less than 1 year but which may extend to 3 years and with fine for first conviction.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.
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Offence : second or subsequent conviction.
Punishment : Imprisonment of not less than 3 years but which may extend 7 years and with fine for second or subsequent conviction.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.
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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.
Indian Penal Code 1860 (IPC 1860)
Section 354C :
1.[Voyeurism :
(See section 77 of BNS 2023)
Classification of Offence:
Offence: Voyeurism.
Punishment :Imprisonment of not less than 1 years but which may extend to 3 years and with fine for first conviction.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Any Magistrate.
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Offence: Voyeurism.
Punishment :Imprisonment of not less than 3 years but which may extend to 7 years and with fine for second or subsequent conviction.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Any Magistrate.
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Any man who 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 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 victims 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 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.]
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1.Ins. by the Criminal Law (Amendment)Act, 2013(No.13 of 2013).