Updated on February 11, 2025 01:21:54 PM
Clause 77 defines the offence related to the Voyeurism, which was previously mentioned under the Section 354C of the Indian Penal Code. Privacy violations in the digital age have taken on new dimensions, and laws need to keep pace with these changes. Voyeurism is an illegal sexual conduct where any person looking or capturing the woman during her private activities. This article explores the complicated details of clause 77, its punishment, and the legal bail procedure.
However, the bail procedure around cases of voyeurism needs to be examined carefully to ensure that the rights of the accused are balanced with the interests of justice. The purpose of this article is to clarify the legal framework governing voyeuristic behaviour and its consequences in contemporary society through an examination of Clause 77.
Here, is an overview of Clause 77 of BNS given below:
| Offence | Voyeurism |
|---|---|
| Clause under BNS | Clause 77 |
| Bail | Bailable |
| Nature of Offence | Non-Cognizable |
| Penalties and Punishments | Imprisonment for 3 to 7 years, Fine or Both |
| Triable | Police station | Any Magistrate |
Clause 77 of BNS clearly defines that - “If anyone watche, or capture the image of a woman engaging in any private act in circumstances where she would not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such images; shall be punished on first conviction with imprisonment of either description for a term of one year 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.”
Here, the complete stepwise procedure of Bail is given below:
It is essential to seek legal help from an experienced lawyer, who provides complete guidance on the process of bail. Because it is a bailable offence the accused has to approach the police station where the accused has been arrested. Here, the lawyer also helps to prepare the application and representation in front of police during Bail procedure.
“Litem Legalis” with years of experience can help you to get bail through a hassle-free process.
On your behalf, the lawyer drafts a bail application. In this application they outline all the relevance details, grounds for release and bail amount. This ensures that your application is solid and comprehensive. Your lawyer will tackle all the technicalities of submitting the application to the appropriate authority and ensuring it gets into the proper hands and follows all legal requirements.
If required, your lawyer can appear on your behalf in court to make arguments and plead for your release in relation to your bail application. At the end of the hearing, the bail can be granted or denied based on the seriousness of the offence, evidence, character and public interest. If the bail is granted, the accused is released but with some conditions such as bind payment, police check-ins and limited travelling.
If the court denies the bail, the accused has to stay in custody until trial. Some of the offices such as murder, kidnapping, etc restrict bail under BNS2. Therefore, taking legal guidance is crucial throughout the procedure.
Bail provision can be complex, but our dedicated legal team is here to guide you. “Litem Legalis” specialises in obtaining favourable bail outcomes for its clients, utilising our deep understanding of the law. We ensure the best possible outcome for you by drafting compelling bail applications and advocating in court. Trust us to provide personalised, strategic, and effective legal assistance tailored to your unique situation. Your freedom matters, and we are here to safeguard your rights every step of the way."
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The BNS's Clause 77, which imposes severe penalties to deter offenders and safeguard people's privacy and dignity, is an essential legal instrument in combating the concealed crime of voyeurism. Bail ensures due process and protects the accused's rights even while the law prescribes harsh punishment. However, the judicial system must find a middle ground, giving victims' needs first priority while promoting an accountability-focused culture. Clause 77's enforcement demonstrates society's resolve to stop voyeurism and make sure that everyone lives in a safer environment by respecting the values of justice and protecting against intrusive violations.
Bail is the temporary release of an accused individual from custody, which usually requires the payment of a set fee. It secures their presence at the trial while maintaining their innocence.
Bharatiya Nyaya Sahinta 2023 is India's new criminal code, which replaces previous laws. It identifies and punishes offences while outlining bail regulations and procedures.
Terrorism, Rape, Murder, Kidnapping, and Abduction are some examples of offences or crimes that are not applicable for bail.
Anticipatory bail is a legal provision that allows a person to obtain bail in advance of an arrest, protecting them from potential incarceration before they are formally charged with an offence.
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