Bharatiya Nyaya Sanhita, 2023
Section 79 BNS: Word, Gesture or Act Intended to Insult Modesty of a Woman
Section 79 of the Bharatiya Nyaya Sanhita, 2023 punishes specified words, sounds, gestures, objects or intrusion into a woman's privacy when done with the intention of insulting her modesty. The offence is punishable with simple imprisonment for up to three years and fine.
Current legal position: The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. Its provisions, except Section 106(2), came into force on July 1, 2024. Section 79 is therefore the current BNS provision dealing with this offence.
What does Section 79 BNS provide?
Section 79 applies where a person, intending to insult the modesty of a woman, utters words, makes a sound or gesture, exhibits an object in any form, or intrudes upon her privacy.
Where words or sounds are relied upon, the provision requires the intention that they be heard by the woman. Where a gesture or object is relied upon, the provision requires the intention that it be seen by the woman.
Essential ingredients of Section 79
Based on the statutory wording, the prosecution would ordinarily need to establish the ingredients relevant to the alleged conduct, including:
- an intention to insult the modesty of a woman;
- uttering words, making a sound or gesture, exhibiting an object in any form, or intruding upon the woman's privacy;
- where words or sounds are alleged, an intention that they be heard by the woman; or
- where a gesture or object is alleged, an intention that it be seen by the woman.
The statutory intention is important. The provision is not framed merely around the existence of words, gestures or objects; it expressly links the prohibited conduct to an intention to insult the woman's modesty.
Intrusion upon privacy under Section 79
Section 79 expressly includes intrusion upon the privacy of a woman. This is an independent form of conduct within the provision and can apply where the statutory intention to insult modesty is established.
Key point: Section 79 covers more than spoken words. It can extend to sounds, gestures, displayed objects and intrusion upon privacy when the required intention is present.
Punishment under Section 79 BNS
| Imprisonment | Simple imprisonment for a term which may extend to 3 years |
|---|---|
| Fine | Fine is also provided |
The punishment prescribed by Section 79 is simple imprisonment for a term which may extend to three years, and fine.
Is Section 79 BNS cognizable and bailable?
| Cognizable | Yes |
|---|---|
| Bailable | Yes |
| Trial court | Any Magistrate |
The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies the Section 79 offence as cognizable and bailable, and states that it is triable by any Magistrate.
Recording information under Section 173 BNSS
Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 contains specific safeguards where a woman gives information alleging that an offence under Section 79 BNS has been committed or attempted against her. Such information is to be recorded by a woman police officer or any woman officer.
Additional safeguards apply where the person against whom the offence is alleged is temporarily or permanently mentally or physically disabled. These include recording the information at the person's residence or another convenient place of choice, assistance of an interpreter or special educator where applicable, videography, and prompt recording of the statement by a Magistrate in accordance with the BNSS.
Section 79 and related offences against women
Section 79 appears in the BNS provisions dealing with criminal force and assault against women and closely follows provisions on sexual harassment, disrobing, voyeurism and stalking. The precise section applicable in a particular case depends on the alleged conduct and the statutory ingredients proved by the evidence.
Official legal sources
For the authoritative statutory text, see the India Code portal and the Ministry of Home Affairs - New Criminal Laws page. The Ministry of Home Affairs also published the commencement notification appointing July 1, 2024 as the commencement date for the BNS, except Section 106(2).
Important note
This page provides a general explanation of Section 79 of the Bharatiya Nyaya Sanhita, 2023. Whether the provision applies in an individual case depends on the facts, evidence, procedural law and applicable judicial decisions.