Section 79 BNS: Word, gesture or act intended to insult modesty of a woman

The enactment of the Bharatiya Nyaya Sanhita (BNS), 2023 marks a significant stride in the legal environment of India aiming to modernize and consolidate criminal laws . Among its provisions, Section 79 BNS stands out as a pivotal statute dedicated to protecting the modesty of women . This section criminalizes any word, gesture or act intended to insult the modesty of a woman reflecting the nation's commitment to upholding women's dignity and safety . By addressing both traditional and contemporary forms of harassment including digital misconduct, Section 79 BNS ensures that the legal framework remains responsive to evolving societal challenges . Understanding the nuances of this provision is essential for legal practitioners, law enforcement, and the general public to foster a respectful and secure environment for women across the country.

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Section 79 BNS

Word, gesture or act intended to insult modesty of a woman

Whoever, intending to insult the modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object in any form, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine.

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Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

Section 79 BNS criminalizes deliberate actions aimed at insulting the modesty of a woman. This includes :

• Verbal Acts : Uttering words intended to offend or demean a woman's dignity.
• Gestures or Sounds: Making sounds or gestures meant to be perceived by the woman, causing embarrassment or discomfort.
• Exhibiting Objects: Displaying objects in any form with the intent that they be seen by the woman, leading to her humiliation.
• Privacy Intrusion : Entering or observing a woman's private space without consent aiming to offend her sense of modesty.

The essence of this section lies in the intent behind the act. Even if the action does not result in physical harm, the deliberate intention to insult the modesty of a woman is sufficient for the act to be punishable under this provision. This broadens the scope of protection so that women are safeguarded against various forms of harassment, including those that are non-physical but equally degrading. Explore other important Judiciary Notes.

Section 79 BNS : Essential Elements

For an act to constitute an offense under Section 79 BNS, the following elements must be present :

• Intentional Act : The perpetrator must have the intention to insult the modesty of a woman.
• Nature of the Act: The act involves uttering words, making sounds or gestures, exhibiting objects, or intruding upon a woman's privacy.
• Perception by the Woman: The act is directed in a manner that it is heard, seen, or felt by the woman, leading to her modesty being insulted.

The law emphasizes the subjective experience of the woman recognizing that modesty is a personal and cultural construct. Therefore, any act that a reasonable person would consider as an affront to a woman's dignity falls within the ambit of this section.

Section 79 BNS :Nature and Scope

Section 79 BNS is a gender-specific provision, exclusively designed to protect women from acts that insult their modesty . The scope of this section is comprehensive, covering a range of behaviors from verbal insults to non-verbal gestures and privacy intrusions . Importantly the law does not necessitate physical contact; the mere intention and execution of an act that offends a woman's sense of modesty are sufficient grounds for legal action.

In the contemporary context, this section also extends to digital platforms. Acts such as sending obscene messages, sharing inappropriate images or making lewd comments online can be prosecuted under Section 79 BNS so that women's dignity is protected both offline and online.

Before BNS, similar conduct was covered under Section 509 of Indian Penal Code (IPC). The transition to Section 79 BNS preserved the structure while fitting into the reformed legal framework under the Bharatiya Nyaya Sanhita.

Section 79 BNS :Judicial Interpretation

Indian courts have consistently upheld the sanctity of a woman's modesty interpreting the law to encompass a broad spectrum of offensive behaviors. In the landmark case of Major Singh v. State of Punjab (1967), the Supreme Court emphasized that modesty is an attribute associated with female human beings, and any act that is capable of shocking the sense of decency of a woman amounts to an insult to her modesty.

Further, in Rupan Deol Bajaj v. K.P.S. Gill (1995), the Court held that even a single act of unwelcome physical contact or gesture could constitute an offense under the law protecting women's modesty. These interpretations reinforce the principle that the intention behind the act and its impact on the woman's dignity are crucial determinants in legal proceedings under Section 79 BNS.

Section 79 BNS :Landmark Cases 

The Indian judiciary has clarified the application of laws similar to section 79 BNS through past rulings under IPC Section 509. The landmark Judgments relating to the section are as follows-

• Major Singh v. State of Punjab (1967) This case clarified that modesty is an inherent attribute of a woman, regardless of age. The Court ruled that even a young girl has a right to modesty, and any intent to insult the modesty of a woman is punishable under relevant sections, forming the philosophical basis for Section 79 BNS 2023.
• Rupan Deol Bajaj v. K.P.S. Gill (1995) The Supreme Court upheld that even senior public officials can be tried if they commit acts insulting a woman’s modesty. The case involved unwelcome physical gestures, setting a precedent for under Section 79 BNS as well.
• Ramkripal v. State of Madhya Pradesh (2007) The Court ruled that even suggestive remarks or expressions that could violate the modesty of a woman warrant punishment, reinforcing the idea that Section 79 BNS punishment applies to a range of actions.
• Sanjeev v. State of NCT Delhi (2021) The Delhi High Court held that lewd messages sent electronically are also punishable offenses. This extends the scope of Section 79 BNS act 2023 to include digital and cyber harassment.
• State of Punjab v. Gurmit Singh (1996) The Court stated that the modesty of women in BNS is not subjective to the victim’s perception alone but includes the societal standard of decency reinforcing the provision’s broad protection.

Section 79 BNS :Impact 

Section 79 BNS has brought enhanced legal clarity and stronger deterrence for actions intended to insult the modesty of a woman. It has increased public awareness of boundaries and respect in interpersonal and digital interactions. Unlike its IPC predecessor, it prescribes a stricter Section 79 BNS punishment—up to three years imprisonment and a fine—highlighting the seriousness of the offense.

Importantly, the provision makes the offense cognizable and bailable, settling the debate on whether Section 79 BNS is bailable or not. Thus, police can register cases without prior approval, but the accused has the right to bail. On the procedural side, Section 79 BNS triable by which court is answered with “Any Magistrate,” ensuring accessibility in judicial forums.

By covering both offline and online misconduct, 79 BNS strengthens the fight against gender-based offenses and contributes to safer public and private spaces for women across India.

Conclusion 

Section 79 BNS of the Bharatiya Nyaya Sanhita, 2023, stands as a critical legal reform that modernizes and reinforces India’s commitment to protecting the modesty of women. By criminalizing various forms of intentional verbal, non-verbal, and physical conduct, it reaffirms that dignity and respect are non-negotiable rights for every woman.

The section answers pressing legal questions like “Is Section 79 BNS bailable?” (yes, it is) and “Section 79 BNS triable by which court?” (Any Magistrate), ensuring procedural clarity. It goes further than the previous IPC version by adapting to modern scenarios, including cyber offenses, thereby expanding legal protections into digital realms.

With its enhanced punishment provisions, broader scope, and clearly defined judicial pathways, Section 79 BNS act 2023 strengthens the legal shield for women. It is not just a statute but a reaffirmation of India’s progressive stand on equality, safety, and the sanctity of individual dignity.