Section 77 Of The Bharatiya Nyaya Sanhita, 2023: A Constitutional And Gender-Neutral Critique Of Voyeurism Laws In India
- IJLLR Journal
- 1 day ago
- 1 min read
Vishesh Rawat, Sage University, Bhopal
ABSTRACT
The Bharatiya Nyaya Sanhita, 2023 (BNS) has been introduced to replace the Indian Penal Code, 1860 with the aim of modernising India’s criminal law in line with constitutional values and present-day social realities. The new legislation seeks to move away from colonial-era assumptions, respond to technological developments, and place greater emphasis on the rights and dignity of victims. Despite these objectives, certain provisions of the BNS continue to follow older legislative patterns without sufficient reconsideration. One such provision is Section 77, which deals with the offence of voyeurism.
Section 77 recognises only women as victims and only men as offenders. In today’s society, where awareness of gender diversity has increased and digital technology affects individuals across all genders, such a gender- specific approach raises serious constitutional concerns. This article examines Section 77 in a simple and analytical manner, focusing on Articles 14 and 21 of the Constitution of India. By relying on key judicial decisions, particularly Hiralal Harsora v Kusum Harsora, it argues that voyeurism laws must be gender-neutral to ensure equality, fairness, and effective protection of privacy.
