Voyeurism Under the BNS (Section 77): IPC 354C Mapping (2026)
What voyeurism means under Section 77 of the Bharatiya Nyaya Sanhita (BNS), the punishment for a first and a repeat offence, and how it maps to the old Section 354C of the IPC. Last verified October 2026.
Explainer · Criminal Law · BNS
Voyeurism is now Section 77 of the Bharatiya Nyaya Sanhita, 2023 (BNS), in force from 1 July 2024. It replaces Section 354C of the old Indian Penal Code (IPC). It punishes watching or capturing the image of a woman in a private act, and sharing such an image. The punishment is one to three years for a first conviction and three to seven years for a repeat one, with a fine in each case. This explainer sets out the ingredients, the punishment, and the old-to-new mapping. Last verified October 2026.
- Provision: voyeurism, Section 77 of the Bharatiya Nyaya Sanhita, 2023.
- Old law: it replaced Section 354C of the Indian Penal Code (in force from 1 July 2024).
- Covers: watching or capturing the image of a woman in a private act, and sharing such an image.
- Punishment: 1 to 3 years for a first conviction; 3 to 7 years for a repeat conviction; fine in each case.
- Status: cognizable; first offence bailable, repeat offence non-bailable (confirm bail and trial court from the BNSS First Schedule).
01What Section 77 of the BNS covers
Section 77 of the BNS punishes a man who watches or captures the image of a woman engaging in a private act, in circumstances where she would usually expect not to be observed. It also punishes a man who shares, or disseminates, such an image.
A private act, in this context, means a situation where the woman’s private parts are exposed or only covered by underwear, or she is using a lavatory, or she is doing a sexual act that is not usually done in public.
Two points matter in practice.
- Consent is read carefully. A woman may agree to an image being captured for a private purpose, but not agree to it being shared. If a person then shares it, that sharing can itself be the offence.
- The offence covers both the watching or capturing and the later spreading of the image.
Overlap with the IT Act
Facts involving an obscene or sexual image online can also attract offences under the Information Technology Act, 2000, which runs alongside the BNS. The same act can be charged under more than one law.
02Old to new: IPC 354C becomes BNS 77
Section 77 of the BNS replaces Section 354C of the IPC, which had made voyeurism a specific offence in 2013.
| Old law (IPC) | New law (BNS) | Topic |
|---|---|---|
| Section 354C | Section 77 | Voyeurism |
The definition, the idea of a private act, and the two-tier punishment carry over. Judgments decided under Section 354C of the IPC therefore remain useful for reading Section 77.
03Punishment and classification
The punishment is set in two tiers.
- First conviction: imprisonment of either description for a term not less than one year, which may extend to three years, and a fine.
- Second or subsequent conviction: imprisonment of either description for a term not less than three years, which may extend to seven years, and a fine.
Both tiers carry a minimum sentence, so a court cannot go below one year on a first conviction, or below three years on a repeat one.
On classification, voyeurism is a cognizable offence. The first offence is bailable, and a second or subsequent offence is non-bailable. The trial court should be confirmed from the current BNSS First Schedule, because references differ on whether it is a Magistrate or a Court of Session.
04What changed from the old law
Section 77 of the BNS carries the old Section 354C of the IPC forward with the same ingredients and the same two-tier punishment. The substance is unchanged.
The change is one of setting and numbering. The offence now sits in the BNS, the procedure runs under the Bharatiya Nagarik Suraksha Sanhita, 2023, and evidence is governed by the Bharatiya Sakshya Adhiniyam, 2023. A practitioner should use the new section number while continuing to rely on case law built under Section 354C.
For related offences against women under the new code, see Section 78 on stalking, Section 75 on sexual harassment, and Section 74 on outraging modesty.
05Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Voyeurism cases under Section 77, and under the old Section 354C, are charged and litigated in trial courts across India, often with a parallel IT Act angle. To run such a case you need to see how courts have read consent and the sharing of images, and you need to track the live matter. With Claw you can search 30 crore+ judgments and orders by section, party, or advocate, with results in under 5 seconds, and track live cases across 9,102 courts, benches, and tribunals, with automatic updates, cause lists, and WhatsApp and email alerts. See how case search works across Indian courts for more.
Claw does not file a case for you and does not replace legal advice. Claw does not use customer case documents to train AI models. There is a free plan for individual advocates. Create a FREE Claw account to search and track cases under this section by party or advocate name.
06Sources and further reading
- India Code (official text of central Acts): indiacode.nic.in
- Ministry of Home Affairs (the three new criminal laws): mha.gov.in
- Text of BNS Section 77: devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text of the section and the BNSS First Schedule, and take advice from counsel, before you act.
07Frequently asked questions
What is Section 77 of the BNS?
Section 77 of the Bharatiya Nyaya Sanhita, 2023 is the offence of voyeurism. It punishes a man who watches or captures the image of a woman in a private act where she expects privacy, or who shares such an image. It replaced Section 354C of the IPC from 1 July 2024.
Which IPC section is now BNS Section 77?
Section 354C of the Indian Penal Code, added in 2013. The BNS re-enacts it as Section 77 with the same ingredients and two-tier punishment.
What is the punishment for voyeurism under BNS Section 77?
A first conviction carries imprisonment of one to three years and a fine. A second or subsequent conviction carries imprisonment of three to seven years and a fine. Both tiers have a minimum sentence.
Is sharing a private image covered by Section 77?
Yes. The offence covers both capturing the image and later disseminating it. A woman may consent to an image for a private purpose but not to its being shared, and sharing it can be the offence.
Is voyeurism under BNS 77 bailable?
It is cognizable. A first offence is bailable and a repeat offence is non-bailable, going by the current classification. The trial court should be confirmed from the BNSS First Schedule, as references differ.
Can I find voyeurism cases under BNS 77 or IPC 354C in Claw?
Yes. Claw lets you search 30 crore+ judgments and orders by section, party, or advocate in under 5 seconds, and track live cases across 9,102 courts, benches, and tribunals. It does not file a case or give legal advice.