BACK TO SECTIONSRelevant High Court ruling on IPC 509
BNS 2024ACTIVE FRAMEWORK
Section 79
Word, gesture or act intended to insult the modesty of a woman
Replaces colonial-era: IPC 509
BailableCognizable: CognizableAny Magistrate
Reform Highlights
1
Renumbered from IPC 509 to BNS 79.
2
Punishment increased significantly — from 1 year to 3 years of simple imprisonment.
3
Remains cognizable — police must act on complaint without a magistrate's order.
THE STATUTE
The Clause
Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, 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.
Legal Commentary
Section 79 fills the crucial gap left by BNS 74 (which requires physical contact or criminal force) — it covers verbal harassment, catcalling, obscene gestures, and exhibiting offensive objects at women, all without any requirement of physical contact. The section covers an intentional act — the perpetrator must mean for the word, sound, or gesture to be heard or seen by the woman. 'Intruding upon the privacy of a woman' extends its scope to peeping, following into private spaces, and other non-contact violations. The BNS has significantly increased the punishment from the IPC's 1 year to 3 years — a major upgrade in seriousness — while retaining the bailable status. This means police can arrest without a warrant and must investigate, but the accused can seek bail. The cognizable nature ensures that a woman's complaint triggers mandatory police action without requiring a magistrate's order. The increase to 3 years is a powerful deterrent message: street harassment, whistling, catcalling, and obscene remarks are not trivial nuisances but crimes carrying the same prison exposure as some forms of simple assault.
Landmark Precedents
Ram Krishna Raju v. State of Andhra Pradesh (2001)
RELEVANCE
Established that making obscene gestures and remarks at a woman in public, even without physical contact, constitutes the offence — underpinning the broad interpretation BNS 79 now carries with higher punishment.
Case Simulations
"Whistling or making lewd remarks at women passing by in a public street — BNS 79, now punishable with up to 3 years."
"Making obscene gestures at a woman from a car or across a street — BNS 79."
"Showing offensive pornographic images on a phone screen at a woman in a public place to humiliate her — BNS 79."
"Using vulgar language specifically directed at a woman during an argument in public — BNS 79."
Expert Insights
Yes, if done intentionally to insult her modesty, it falls under 'makes any sound' in Section 79 — and is now punishable with up to 3 years of imprisonment. The key is the intent to insult.
BNS 74 requires assault or criminal force — physical contact or its immediate threat. BNS 79 applies even without physical contact — it covers words, sounds, gestures, and exhibiting objects. You do not need to touch someone to be charged under BNS 79.
If the comment is made in a public forum where the woman can see it, and is intended to insult her modesty, it can fall under BNS 79. However, cyberstalking provisions under BNS 78 and the IT Act may be more specific tools for online harassment.