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.
Legal Commentary & Landmark Judgments: Section 77
Section 77 penalizes voyeurism, criminalizing the act of watching, capturing, or disseminating images of a woman engaging in a private act where she would usually have the expectation of not being observed, prescribing imprisonment up to three years for first conviction, and up to seven years for repeat conviction.
In revenge porn and digital privacy prosecutions, Explanation 2 to Section 77 BNS is crucial: even if the victim consensually shared private photos with a partner, the partner's forwarding of those images to third parties constitutes completed voyeurism.