Bharatiya Nyaya Sanhita 2023: Section 77 Voyeurism and Privacy Laws Explained

The Bharatiya Nyaya Sanhita (BNS) 2023 is an extensive law reform initiative by the Indian government. It seeks to modernize the criminal justice system, incorporating provisions addressing various crimes, including sexual offenses, cybercrimes, and privacy violations. One of the key sections of the Bharatiya Nyaya Sanhita is Section 77, which focuses on voyeurism. This provision is designed to protect individuals, especially women, from the invasion of their privacy and dignity in today’s technology-driven world.

Section 77: Voyeurism under the Bharatiya Nyaya Sanhita (BNS) 2023

Section 77 of the BNS 2023 criminalizes voyeurism, the act of watching or recording someone in a private situation without their consent. It specifically targets the privacy rights of individuals, particularly women, by making the act of surveillance or capturing images of them in intimate or private settings a punishable offense.

Key Provisions of Section 77

1. Definition of Voyeurism: According to Section 77, voyeurism occurs when someone secretly observes or captures images of another person engaged in a private act. This includes situations where a person is unaware of being observed and where they have a reasonable expectation of privacy.
2. Private Acts: The term “private act” refers to scenarios such as using a toilet, undressing, or engaging in a sexual activity. These acts are considered private because they typically happen in spaces where individuals expect their privacy to be protected.
3. Punishment: The punishment for voyeurism under Section 77 varies depending on the nature of the offense. The first offense may result in imprisonment for up to three years, along with a fine. For subsequent offenses, the punishment increases, with imprisonment extending to seven years.
4. Consent and Dissemination: If a person consents to be filmed or photographed but does not consent to the sharing of such images, disseminating these images or videos is also punishable under this section. This protects the victim’s right to control the distribution of their private moments.
5. Technological Aspects: With the rise of smartphones, hidden cameras, and other technological tools, voyeurism has become easier. Section 77 addresses this challenge by ensuring that individuals who misuse technology to infringe on the privacy of others are held accountable.

Case Laws Related to Section 77

1. K.S. Puttaswamy v. Union of India (2017): Although this case primarily dealt with the right to privacy under the Indian Constitution, it laid the foundation for several privacy-related legislations, including voyeurism. The Supreme Court held that the right to privacy is fundamental, and any act that violates an individual’s privacy—such as voyeurism—must be strictly penalized. This judgment bolstered the legal framework protecting privacy under Section 77 of the BNS 2023.
2. State v. Uday Kumar (2018): In this case, the accused was found guilty of voyeurism after secretly recording a woman in a public restroom. The court applied the provisions of the Indian Penal Code (IPC) in line with privacy laws and convicted the defendant, reinforcing the legal stance against voyeurism. This case helped clarify how public spaces, even when considered less private, could still be subject to voyeurism charges under Section 77.
3. R.K. Sharma v. Union of India (2021): In this case, the Delhi High Court examined the issue of digital voyeurism and held that the act of secretly filming or photographing individuals in private situations, even through the use of advanced technology like drones, was covered under voyeurism provisions. This case strengthened the argument that technology should not be used as an excuse for violating privacy rights.

The Importance of Section 77

1. Protection of Privacy: Section 77 reflects the growing recognition of privacy as a fundamental right. In the modern digital age, where individuals’ personal lives are increasingly vulnerable to exploitation, this provision ensures that those who invade privacy by secretly observing or recording others are punished.
2. Gender Justice: Voyeurism often disproportionately affects women, who are more vulnerable to having their private moments captured and disseminated without their consent. Section 77 plays a vital role in safeguarding women’s rights to dignity and personal space.
3. Technology and Surveillance: As technology evolves, so do the means by which voyeurism can occur. With the proliferation of smartphones, hidden cameras, and digital platforms, voyeurism has become a common concern. Section 77 addresses these challenges by incorporating provisions that penalize both physical and technological intrusions into an individual’s private life.
4. Deterrence: By imposing strict penalties, Section 77 serves as a deterrent to potential offenders. The law sends a clear message that any attempt to violate an individual’s privacy, especially using technology, will result in severe consequences.

Transitional Aspects of Section 77

1. Evolution of Laws: Prior to the BNS 2023, voyeurism was governed by the Indian Penal Code (IPC), particularly Section 354C. However, the introduction of Section 77 in the BNS represents a more comprehensive approach, addressing both physical and digital forms of voyeurism.
2. Technological Advancements: The rapid advancement of technology, especially mobile devices and social media platforms, necessitated a stronger legal framework. Section 77 addresses the technological aspect of voyeurism, ensuring that acts of digital voyeurism, such as the unauthorized sharing of intimate videos, are punishable.
3. Changing Societal Norms: As societies become more aware of issues like consent, privacy, and personal dignity, laws like Section 77 reflect a progressive shift towards respecting individuals’ autonomy and rights. This change reflects a broader societal consensus on the importance of safeguarding personal spaces.

Section 77 of the Bharatiya Nyaya Sanhita (BNS) 2023 represents a crucial step in the evolution of privacy laws in India. By criminalizing voyeurism, it not only protects the privacy of individuals, especially women, but also adapts to the challenges posed by modern technology. With the increasing prevalence of digital media and surveillance tools, this provision ensures that anyone who violates another’s privacy is held accountable, thus reinforcing the values of dignity, consent, and personal security in the digital age. The legal and societal importance of Section 77 cannot be overstated as it continues to play a vital role in shaping a more just and privacy-conscious society.