Offensive/Defamations

The Bharatiya Nyaya Sanhita, 2023 (BNS) addresses offences related to insult and defamation against women through a specialized section focusing on the protection of their modesty and through the general law of criminal defamation.

1. Offensive Acts Intended to Insult Modesty

The BNS places the specific offence of insulting a woman’s modesty within the chapter dedicated to crimes against women and children. This focuses on non-physical acts that attack her dignity.

  • BNS Section: Section 79 (Corresponds to IPC Section 509).
  • Offence Defined: 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.
  • Punishment: Imprisonment of either description for a term which may extend to one year, or with fine, or both.
2. Criminal Defamation
 
While BNS does not contain a distinct chapter or section solely dedicated to “defamation against women,” the overarching law of criminal defamation is fully applicable when a woman is the aggrieved party. Defamation constitutes a criminal offense that safeguards the reputation of any individual, including women.
 
  • BNS Chapter: Chapter XIX – Of Criminal Intimidation, Insult, Annoyance, Defamation, Etc.
  • BNS Section: Section 356 (Corresponds to IPC Section 499 – definition, and Section 500 – punishment).
  • Offence Defined (Defamation): The act of making or disseminating any imputation regarding any individual, with the intention to cause harm, or knowing or having reason to believe that such imputation will damage the reputation of that individual. This encompasses imputations that diminish her moral or intellectual character, caste, or profession, or lead to the belief that her physical state is repugnant, or that she is subjected to such distress.
 
  • Note: There are ten Exceptions (including truth for public good, public conduct of public servants, fair comment on public performance, etc.) that exempt an act from being classified as defamation.
 
  • Punishment for Defamation (Section 357): Simple imprisonment for a duration that may extend to two years, or a fine, or both.
 
The Bharatiya Nyaya Sanhita provision regarding words, gestures, or acts intended to insult the modesty of a woman safeguards her dignity against specific non-physical forms of abuse. BNS Section 79 | Word, Gesture or Act Insulting Modesty of Woman | Free Judiciary Coaching #bns2023