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Section 77 - 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.
Related Sections
- Section 238: Causing Disappearance of evidence of offence, or giving false information to screen offender
- Section 337: Forgery of record of Court or of public register, etc
- Section 33: Act causing slight harm
- Section 118: Voluntarily causing hurt or grievous hurt by dangerous weapons or means
- Section 306: Theft by clerk or servant of property in possession of master