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The Indian Judicial Code (BNS) has strict provisions regarding crimes against women, which also includes taking or filming obscene photographs of women. This crime is not only committed by men, but if a woman takes private photographs of another woman, she may also have to face harsh punishment.
New Delhi. In India, from July 1, 2024, strict provisions have been made in the Indian Judicial Code (BNS) to protect the dignity and privacy of women. Especially the privacy of women like wearing clothes, video of walking, taking photos secretly or secretly while sleeping or sitting has now been considered a crime. Many important provisions have been included in the new BNS Act, which were not in the earlier IPC Act. The most important provision of the new law is that if a woman takes private or obscene photographs or makes a video of another woman, she may also have to face legal consequences. Earlier there was a provision of punishment only for men for doing such work.
Section 73 of the Indian Judicial Code, which replaces the old IPC Section 354C, deals with ‘visual eclipse’ or obscene depiction. This section clearly considers any person as a criminal. First, a man who suits a woman by taking a photo or video of her while doing some ‘private act’ where she was expected to be alone or had the right to privacy. Second, he spreads or publishes the photo or video through any medium.
What will happen if a woman takes an obscene photo of another woman?
In Section 73 of BNS, the gender of the offender is not important. Meaning if a woman takes an indecent photo of a woman or a man takes an indecent photo of a woman. It is not stipulated in this section that the culprit should be only male. The language of the law includes ‘any person’, which means that if a woman takes obscene or private photographs of another woman, she will also be considered a complete criminal under Section 73. Often this crime occurs due to family feud, revenge or blackmailing.
Provision of punishment under section 73
Under Section 73 of BAN, punishment is divided into two parts depending on the seriousness of the crime. First Conviction means that if found guilty for the first time, the culprit will be imprisoned for a minimum of 1 year, which can be extended up to 3 years. Apart from this, fine will also be imposed. Second or subsequent conviction. If the culprit commits the same crime again or repeatedly, he will be imprisoned for a minimum of 3 years, which can be extended up to 7 years. Along with this, fine will also be imposed.
This offense is non-bailable and non-cognizable, which means that the police can arrest without warrant and it will not be easy to grant bail after arrest. BNS thus ensures that cyber and privacy crimes against women will be taken extremely seriously, no matter who the perpetrator is.
