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Section 79: Word, Gesture or Act Intended to Insult Modesty of a Woman

Bharatiya Nyaya Sanhita • Chapter V: Of Offences Against Women & Children • Official Statutory Text & Legal Guide

Chapter V: Of Offences Against Women & Children
Any Magistrate
Bailable
Cognizable
Formerly Sec 509 IPC
Section 78 All 358 Sections of Bharatiya Nyaya Sanhita Section 80

Legal Commentary & Landmark Judgments: Section 79

Section 79 penalizes any word, gesture, or act intended to insult the modesty of a woman, prescribing imprisonment of either description for a term which may extend to three years, and fine.

  • Three Prohibited Forms: Commits an offence by: (1) Uttering any word, (2) Making any sound or gesture, or (3) Exhibiting any object, intending that it shall be heard or seen by such woman.
  • Intrusion Upon Privacy: Includes intruding upon the personal privacy of a woman.
  • Gender Dignity Protection: Penalizes verbal sexual harassment, obscene gestures, stalking remarks, and exhibitionism (formerly Section 509 IPC).
Key Landmark Precedents:
  • Rupan Deol Bajaj v. K.P.S. Gill (1995) 6 SCC 194: The Supreme Court held that slapping a senior woman IAS officer on the posterior constituted an insult to modesty under Section 509 IPC (Section 79 BNS), affirming that the ultimate test is whether the act shocks the sense of decency of a woman.
  • State of Punjab v. Major Singh (AIR 1967 SC 63): A three-judge bench held that every female human being possesses modesty from birth, and words or acts degrading that dignity are punishable.
Courtroom Practice & Strategic Litigation Guidance:

In workplace sexual harassment complaints, file criminal proceedings under Section 79 BNS alongside internal POSH committee inquiries: verbal innuendo, vulgar jokes, or sexually suggestive remarks satisfy Section 79 thresholds.

Section 78 All 358 Sections of Bharatiya Nyaya Sanhita Section 80