IPC 509 → BNS 79: Insulting Modesty

Quick Summary: IPC 509 vs BNS 79

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 509 (Insulting Modesty) falls in the IPC's offences relating to marriage, reputation and intimidation — offences relating to marriage, cruelty by a husband or his relatives, defamation, and criminal intimidation or insult. Retained by the BNS as BNS 79, several such offences are non-cognizable or compoundable, which changes how insulting modesty is pursued.

What did IPC 509 cover?

IPC 509 dealt with insulting modesty — word, gesture or act intended to insult modesty of woman. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 79: What changed in the new law?

Covers online harassment. From 1 July 2024, new complaints relating to insulting modesty are filed under BNS Section 79, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 79

Enhanced - Up to 3 years with fine

Practical implications for advocates, police & citizens

• Advocates: For insulting modesty, check cognizability and whether the offence is compoundable before advising; the substantive provision is now BNS 79, not IPC 509.
• Police officers: Confirm whether the insulting modesty offence is cognizable before acting, and cite BNS 79 where an FIR is registered.
• Law students & citizens: Some offences in this group, including insulting modesty, can only be pursued on the complaint of the aggrieved person — know whether yours is cognizable.