Question 1

Is BNS 79 different from Sexual Harassment laws?

Accepted Answer

Section 79 is broader and focuses on insulting modesty via words/gestures. Section 75 (IPC 354A) specifically handles sexual harassment including physical contact.

Question 2

Is Cat-calling a cognizable offence?

Accepted Answer

Yes, under BNS 79, it is a cognizable offence, meaning the police can arrest the accused without a warrant.

Question 3

What is the key change in punishment for Section 509 under BNS 79?

Accepted Answer

BNS Section 79 increases the maximum from 1 year (IPC 509) to 3 years. Non-cognizable status preserved — police still need a Magistrate's warrant. This tripling reflects growing recognition of the serious harm caused by verbal and gestural sexual harassment.

Question 4

How does Section 509/BNS 79 differ from Section 354A?

Accepted Answer

Section 509 covers verbal and gestural harassment — pure words, sounds, gestures, or privacy intrusion. Section 354A similarly covers verbal harassment but is COGNIZABLE (police can arrest without warrant). In most practical situations, Section 354A is now preferred for verbal harassment because of its cognizable status.

Question 5

Does Section 509/BNS 79 apply to online harassment?

Accepted Answer

Yes — sending lewd messages or sexually explicit content targeted at a woman can constitute insulting her modesty under Section 509/BNS 79, combined with IT Act Section 67 (obscene material in electronic form).

Insulting Modesty of Woman: IPC 509 vs BNS 79 — 3 Years Punishment

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