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Section 77 - Voyeurism | The Bharatiya Nyaya Sanhita, 2023 vs Indian Penal Code, 1860 | LawFinder

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The Bharatiya Nyaya Sanhita, 2023 Section 77Indian Penal Code, 1860 Section 354

The Bharatiya Nyaya Sanhita, 2023

Section 77

Voyeurism

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The Bharatiya Nyaya Sanhita, 2023

77. 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.

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Indian Penal Code, 1860

Section 354

Assault or criminal force to woman with intent to outrage her modesty.

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Indian Penal Code, 1860

354. Assault or criminal force to woman with intent to outrage her modesty.

Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

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77. Voyeurism. (Change)