Section 509 IPC in BNS: Section 79 Insulting Modesty, Bail

Section 509 IPC is now Section 79 of the Bharatiya Nyaya Sanhita, 2023 (BNS). Any word, sound, gesture, object shown, or intrusion upon privacy intended to insult the modesty of a woman is punishable with simple imprisonment up to three years and fine. The offence is cognizable, bailable and compoundable by the woman with the court’s permission.

What Section 79 BNS says

Section 79 punishes a person who, intending to insult the modesty of a woman, does any of the following:

• utters any words or makes any sound, intending that she hears it;
• makes any gesture, intending that she sees it;
• exhibits any object “in any form”, intending that she sees it; or
• intrudes upon her privacy.

No physical contact is needed. This is what separates it from Section 74, which needs assault or criminal force.

Ingredients

1. The victim is a woman.
2. The accused uttered words, made a sound or gesture, exhibited an object, or intruded upon her privacy.
3. The accused intended to insult her modesty.
4. The words or sounds were meant to be heard, or the gesture or object meant to be seen, by her.

Intention is the key. A remark not aimed at the woman, or made without any intent to insult her modesty, will not satisfy the section. Courts look at the words used, the context, the place and the conduct of the accused.

What changed from the IPC

The punishment is the same as under Section 509 IPC: simple imprisonment up to three years, and fine. The classification is also unchanged.

The one textual change is the phrase “in any form” after “exhibits any object”. This makes clear that the object need not be physical. Images, videos or material shown through a screen or sent digitally fit more comfortably within the provision.

Section 79 and online conduct

Insulting messages, obscene images or videos sent to a woman can attract Section 79, depending on the content and intent. The same facts may also attract the Information Technology Act, 2000 (for example, Sections 66E and 67) and, where the conduct is repeated monitoring or contact, stalking under Section 78 BNS. The police decide the sections on the facts; the complainant only needs to state what happened.

Important case law

• Rupan Deol Bajaj v. Kanwar Pal Singh Gill (1995): a senior police officer’s conduct towards a woman officer at a social gathering led to charges under Sections 354 and 509 IPC. The Supreme Court refused to quash the case and stressed that the test of modesty is whether the act is an affront to a woman’s sense of decency judged by common notions.

Common confusions

• Section 79 vs Section 74: Section 79 involves no physical force; Section 74 needs assault or criminal force.
• Section 79 vs Section 75(1)(iv): sexually coloured remarks by a man are sexual harassment under Section 75 (up to one year). Section 79 is wider in form (words, sounds, gestures, objects, privacy) and carries up to three years, but needs intent to insult modesty.
• Section 79 vs Section 296: obscene acts or songs in a public place, causing annoyance to others, fall under Section 296 BNS (old 294 IPC). Section 79 is about a specific woman’s modesty.
• Bailable but cognizable: the police can register an FIR and arrest without warrant, but the accused is entitled to bail.

Practical guidance for the public

• File the complaint at the nearest police station. Under the proviso to Section 173(1) BNSS, it is recorded by a woman police officer or woman officer.
• Keep evidence: screenshots with dates, the sender’s number or profile, names of witnesses, and the place and time.
• For online incidents, a complaint can also be lodged on the National Cyber Crime Reporting Portal (cybercrime.gov.in) or through the helpline 1930.
• Because the offence is compoundable only with the court’s permission, any settlement has to be placed before the court.

Exam angle

• 509 IPC to 79 BNS; punishment is simple imprisonment up to three years and fine (fine is mandatory, “and also with fine”).
• New words: “in any form” after “exhibits any object”.
• Compoundable by the woman, with the court’s permission (Table 2 of Section 359 BNSS).
• Cognizable, bailable, triable by any Magistrate.

Frequently asked questions

What is the new section for 509 IPC?

Section 509 IPC is now Section 79 of the BNS.

Is Section 79 BNS bailable?

Yes. It is bailable and cognizable, and triable by any Magistrate.

Can a Section 79 BNS case be compromised?

Yes, but only by the woman concerned and with the permission of the court where the case is pending.

What is the punishment under Section 79 BNS?

Simple imprisonment up to three years and fine.

Does Section 79 BNS apply to obscene messages on WhatsApp?

It can, if the message was sent with intent to insult the woman’s modesty. The IT Act may also apply on the same facts.

Quick quiz

Sources

• Bharatiya Nyaya Sanhita, 2023, Section 79 (and Sections 74, 75, 78, 296)
• Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 173 and 359, and First Schedule
• Rupan Deol Bajaj v. Kanwar Pal Singh Gill (Supreme Court, 1995)
• National Cyber Crime Reporting Portal (cybercrime.gov.in)

This page is for education and general information, not legal advice for a specific case.