Insult to Modesty, Digital Harassment and Criminal Procedure Under the New Laws

When India's new criminal laws came into force on 1st July 2024, they did not merely rename old provisions. They fundamentally reshaped how courts and law enforcement approach crimes against women — particularly in a world where harassment has shifted from street corners to smartphone screens. If you or someone you know is facing a situation involving verbal abuse, online harassment, or unwanted sexual advances made under false pretenses, understanding Section 69 and Section 79 of the Bharatiya Nyaya Sanhita (BNS), 2023 is not just helpful — it is essential. 

As a best advocate in Lucknow regularly consulted by women seeking justice for dignity violations, one of the most common frustrations clients voice is: "I knew something wrong was done to me, but I did not know I had a law to back me up." That gap — between lived experience and legal knowledge — is precisely what this article aims to close.

India's New Criminal Framework: A Quick Overview

The Bharatiya Nyaya Sanhita (BNS), 2023 replaced the 163-year-old Indian Penal Code (IPC). Alongside it came the Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaced the Code of Criminal Procedure (CrPC), and the Bharatiya Sakshya Adhiniyam (BSA), which replaced the Indian Evidence Act. This was not a cosmetic exercise. The new laws brought digitally-aware provisions, expanded definitions, stricter timelines for police investigation, and a renewed emphasis on victim rights.

 For women's protection in particular, Chapter V (Sections 63–99) of the BNS consolidates all major offences against women and children under one roof — something the old IPC never did with such clarity. Two sections demand special attention: Section 69 (Sexual Intercourse by Deceitful Means) and Section 79 (Words, Gestures, or Acts Intended to Insult the Modesty of a Woman).

Section 69 BNS — When False Promises Become a Crime

What Does Section 69 Say?

Section 69 of the BNS criminalizes sexual intercourse obtained through deceitful means — specifically where a man engages in sexual relations with a woman by making false promises of marriage, employment, or promotion, without any genuine intention of fulfilling those promises. The section states that whoever, by deceitful means or by making a false promise to marry a woman without intending to honour it, engages in sexual intercourse with her shall be punished with imprisonment extending up to 10 years, along with a fine.

The section expands 'deceitful means' to include: 

• Inducement for employment 

• False promise of promotion 

• Marrying by suppressing one's true identity

Why Section 69 Matters in Today's Context

Before BNS, cases involving sexual relationships built on false promises were prosecuted unevenly — sometimes as cheating, sometimes as rape. Courts were divided and victims fell through the cracks. Section 69 BNS fills this gap cleanly. It recognizes that a woman's consent can be vitiated by fraud — and that deliberate deception is not a mere breach of promise, but a criminal violation.

As an advocate in Lucknow handling matrimonial and criminal matters, there has been a sharp rise in complaints from young women who entered relationships with men who falsely promised marriage for years, only to abandon them. Under Section 69 BNS, the legal ground is far firmer — provided the evidence establishes the accused's lack of genuine intention from the outset.

Key Points for Victims Under Section 69

• Non-bailable in gravity — bail is subject to strict judicial discretion.

• Complaints can be filed at any police station or directly before the Magistrate.

• Digital evidence — WhatsApp chats, emails, voice messages, screenshots — is admissible under the BSA.

• A Zero FIR can be filed at any police station, regardless of where the offence occurred.

Section 79 BNS — Insult to Modesty in the Digital Age

What the Law Actually Says

Section 79 of the BNS replaces Section 509 of the IPC with an expanded scope and stronger punishment. The legal text reads:

"Whoever, intending to insult the modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object in any form, 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."

The phrase "in any form" is a deliberate legislative choice that opens the door to digital and electronic mediums — a critical update for the digital age.

What Counts as an Insult to Modesty?

Courts have held that modesty is an attribute of every woman, irrespective of age, profession, or character. The test: would a reasonable person consider the act an outrage to feminine dignity?

• Verbal abuse — sexually explicit language, lewd comments, or gender-based slurs directed at a woman

• Gestures and sounds — wolf-whistling, suggestive noises, or obscene gestures

• Displaying offensive objects or images — pornographic images or degrading content intended to be seen

• Privacy intrusion — peeping, unauthorized recording, or stalking someone's private space

Section 79 and the Digital World

This is where Section 79 BNS becomes particularly relevant for 2024 and beyond. Courts have progressively expanded its application to digital spaces. The Delhi High Court has held that lewd messages sent electronically are punishable. The Bombay High Court (2024) ruled that derogatory emails sent to a woman constitute insult to her modesty — a precedent now directly applicable under Section 79 BNS.

In practical terms:

• Sending obscene WhatsApp messages or voice notes = Section 79 BNS 

• Posting degrading comments on a woman's social media = Section 79 BNS

 • Forwarding intimate or manipulated images of a woman = Section 79 BNS + IT Act

 • Sending unsolicited explicit photographs online = Section 79 BNS

Nature of the Offence: Procedural Details

Parameter                                                           Detail

Cognizable                                                          Police can arrest without a warrant

Bailable                                                               Accused can seek bail as a matter of right

Triable by                                                            Any Magistrate's Court

Punishment                                                        Simple imprisonment up to 3 years + fine

Criminal Procedure Under BNSS — What Has Changed

1. Zero FIR — File Anywhere

A Zero FIR can be filed at any police station in India, regardless of jurisdiction. If you are a woman from Lucknow who was harassed elsewhere, or received threatening messages online — file the complaint. Police must register it and transfer to the appropriate station. This removes a favourite tactic of accused persons and reluctant officers: jurisdictional delay.

2. Online Complaints Are Now Valid

The BNSS formally recognizes electronic filing of complaints. Women can register on Cybercrime.gov.in for digital harassment offences — useful for victims who feel unsafe visiting a police station in person.

3. Mandatory FIR Registration

The BNSS codifies the Supreme Court's direction in Lalita Kumari v. State of Uttar Pradesh (2013) requiring mandatory FIR registration for cognizable offences. If an officer refuses, the victim can approach the Judicial Magistrate or Superintendent of Police directly. As an advocate in High Court Lucknow, writ petitions have been filed compelling police to register FIRs — courts take such matters seriously.

4. Time-Bound Investigations

The BNSS prescribes stricter timelines for investigation in offences against women. Trial courts and High Courts now actively monitor delays, meaning cases no longer languish for years before charges are even framed.

5. Trial in Camera

For modesty-related offences, trials can be conducted in camera — only the judge, parties, and lawyers present. This protects victims from further humiliation during the trial process.

How Digital Evidence Works in These Cases

Both Section 69 and Section 79 cases increasingly live or die on digital evidence. The Bharatiya Sakshya Adhiniyam (BSA) has modernized the approach to electronic records. Never delay in preserving digital evidence — accounts get deactivated, messages deleted, and servers purge data. Document everything the moment harassment is occurring.

• Screenshots, screen recordings, and downloaded chats are admissible as electronic documents.

• A Certificate under Section 63 BSA is required to formally introduce electronic evidence in court.

• Metadata — timestamps, IP addresses, device information — can establish when and where harassing content was sent.

• Social media evidence can be captured through certified screenshots or notarized print-outs.

Landmark Cases That Shape the Law Today

State of Punjab v. Major Singh (1967) — Supreme Court

The test of outrage to modesty is whether a reasonable person would consider the act capable of shocking a woman's sense of decency. This remains the cornerstone test under Section 79 BNS.

Sanjeev v. State of NCT of Delhi (2021) — Delhi High Court

Lewd messages sent electronically are punishable offences — setting the stage for digital application of what is now Section 79 BNS.

State v. XYZ (2024) — Bombay High Court

Derogatory emails sent persistently to a woman constitute insult to her modesty. A leading precedent for digital harassment cases under Section 79 BNS.

Ramkripal v. State of MP (2007) — Supreme Court

Even suggestive remarks or expressions aimed at violating a woman's modesty warrant punishment — not just overtly obscene language.

What Should a Victim Do? Step-by-Step Guide

Step 1 — Do Not Delete Evidence

However distressing the messages or content may be, do not delete them. Screenshot everything. Note down dates, times, and platforms.

Step 2 — File a Complaint

Visit your nearest police station and insist on FIR registration. For digital conduct, file at the cyber cell or on cybercrime.gov.in. Zero FIR allows you to file anywhere.

Step 3 — Reach Out to Helplines

Dial 1091 (Women Helpline) for immediate assistance. For cyber offences, call 1930 (National Cybercrime Helpline).

Step 4 — Engage a Qualified Advocate

Criminal matters under BNS require strategic handling. Evidence preservation, FIR language, bail opposition, and trial procedure all demand expertise. Consult the best advocate in Lucknow who practices criminal and cyber law.

Step 5 — Apply for Interim Relief if Threatened

Your advocate can apply for anticipatory bail denial against the accused and seek police protection orders if you fear ongoing harassment.

Step 6 — Do Not Engage the Accused

Avoid responding to harassing messages once you have decided to file a complaint. Continued engagement can complicate the narrative in court.

The Role of an Advocate: Why Legal Guidance Matters

Many women who approach our office — recognized as a best advocate in Lucknow — have already tried and failed to get justice on their own. They were told by police to 'settle the matter,' given incorrect legal advice, or simply did not know which sections applied. A competent advocate in Lucknow handling BNS cases will:

• Correctly identify applicable sections — Section 69, Section 79, IT Act Sections 66C/67/67A, etc.

• Ensure a proper FIR is registered with accurate legal language.

• Preserve and certify digital evidence under BSA requirements.

• Represent the victim before the Magistrate for bail hearings.

• Guide the case through trial, including cross-examination of witnesses.

• File an appeal before the High Court Lucknow if a lower court order needs to be challenged.

As an advocate in High Court Lucknow, matters have been handled where the accused was initially granted bail by the trial court, only for that order to be successfully challenged before the Allahabad High Court on grounds of offence severity and risk of digital evidence tampering. The legal system, when properly navigated, is a powerful instrument of justice.

Conclusion: Dignity Has a Legal Shield Now

The introduction of the Bharatiya Nyaya Sanhita was not merely a procedural update. For millions of women across India, it represents a genuine shift — a legal recognition that harassment takes many forms, that the digital world is not a lawless space, and that false promises used to exploit women are not private betrayals but public crimes.

Section 69 BNS says: your consent cannot be bought through lies.

Section 79 BNS says: your dignity cannot be insulted without consequence.

Together, they form a robust legal shield available to every woman — whether she lives in a metropolitan city or a small town in Uttar Pradesh. If you are in Lucknow and need legal assistance involving harassment, insult to modesty, digital abuse, or any offence under BNS, do not wait. The law is on your side — but the law needs to be invoked promptly, with evidence intact and the right legal representation by your side.

 Reach out to an experienced advocate in Lucknow today. Justice does not come to those who wait in silence. It comes to those who speak up — and speak up with the law behind them.