How to report moral policing and modesty insults under BNS Section 79

The street is not a courtroom

You are walking through a market in Guwahati, or perhaps sitting with a friend in a park in Jorhat, when a stranger decides your outfit is "inappropriate." They start recording you on their phone, calling you "characterless," or gathering a small crowd to lecture you on "Assamese culture." Your heart is racing, and you feel the urge to just disappear. But here is the thing: moral policing is not a legal power—it is a series of criminal acts. Whether it is a self-appointed "aunty," a local "youth club" member, or a random man with a smartphone, nobody has the right to harass you for what you wear. This guide shows you how to turn that fear into a legal counter-strike.

What the law actually says

Since July 1, 2024, the old Indian Penal Code (IPC) has been replaced by the Bharatiya Nyaya Sanhita (BNS). The laws against moral policing have become more specific, and the procedural law—the Bharatiya Nagarik Suraksha Sanhita (BNSS)—now allows for easier reporting.

1. Insulting your modesty (Section 79, BNS)

If someone uses words, makes sounds, or gestures to insult your modesty (including calling you "characterless" or shaming your clothes), they are committing a crime under Section 79 of the BNS (formerly Section 509 IPC). If convicted, they can face up to three years in prison and a fine.

2. Assault or criminal force (Section 74, BNS)

If the harasser touches you, pulls at your clothes, or uses force to intimidate you, it falls under Section 74 of the BNS (formerly Section 354 IPC). This is a non-bailable offence, meaning the police can arrest them without a warrant, and they cannot get bail at the police station.

3. Stalking and recording (Section 78, BNS)

If they follow you or monitor your movements, or if they record you without your consent and threaten to post it online to shame you, this is stalking under Section 78 of the BNS.

4. Your right to file an FIR

Under Section 173 of the BNSS, the police are legally bound to register your First Information Report (FIR) if the offence is "cognizable" (which modesty-related crimes are). The Supreme Court in Lalita Kumari v. Govt. of U.P. (2014) ruled that police cannot conduct a "preliminary inquiry" to decide if they should file an FIR for such crimes—they must file it immediately.

In Assam, the Assam Police Sishu Mitra programme and the presence of Women’s Help Desks in most police stations are designed to make this process less intimidating for young residents.

Step-by-step playbook: Fighting back against moral policing

Step 1: Prioritise safety and gather evidence

If you are being cornered by a mob or an aggressive individual, do not try to win a legal argument on the spot.

• Move to a safe spot: Enter a nearby shop, a bank with a security guard, or a crowded public area.
• Start recording: If it is safe, use your phone to record the harasser. If you cannot, ask a friend or a bystander to record. You need their face and, crucially, the specific words they are saying.
• Identify witnesses: If a shopkeeper or a passerby sees the incident, ask for their phone number. Their testimony will make your case much stronger later.

Step 2: Trigger the emergency response

• Call 112: This is the pan-India emergency number. In Assam, this connects you to the Emergency Response Support System (ERSS). State your location clearly and say, "I am being harassed and shamed in public. I feel unsafe."
• Call 181: This is the Women Helpline. They provide immediate support and can help coordinate with the local police if you are too shaken to do it alone.
• Tag Assam Police on 'X' (Twitter): The @assampolice handle is known for being responsive. Post a brief description of the incident and your location. This creates a public record that the police cannot easily ignore.

Step 3: Visit the Police Station

You do not have to go to the police station in the exact area where the incident happened.

• Zero FIR: Under Section 173(1) of the BNSS, you can file a "Zero FIR" at any police station. They will record your complaint and then transfer it to the relevant station. This is your right.
• Ask for the Women’s Help Desk: Most stations in Assam (like those in Guwahati, Dibrugarh, or Silchar) have a dedicated desk for women and children. Request to speak to a woman officer.

Step 4: Drafting the complaint

When you write your complaint, be clinical. Avoid flowery language and stick to the facts:

• Date, Time, and Location: Be exact.
• The Accused: Describe them (height, clothes, any names mentioned).
• The Words: Write down the exact insults used. If they called you "characterless" (charitrahin) or made comments about your "short clothes," quote them directly. This is vital for Section 79 BNS.
• The Action: If they blocked your path, touched you, or recorded you, state that clearly.

Step 5: Get your FIR copy

Once the FIR is registered, the police are legally required to give you a copy for free under Section 173(2) of the BNSS. Do not leave the station without it. Check that the sections mentioned match what happened (e.g., Section 79 BNS for modesty, Section 74 for force).

Step 6: If the police refuse to help

If the officer tells you it is a "minor matter" or tries to "compromise" (samjhauta), do not budge.

• Section 173(4) BNSS: If the Station House Officer (SHO) refuses to register the FIR, you can send the substance of your complaint in writing to the Superintendent of Police (SP) via registered post. If the SP is satisfied that a crime occurred, they will either investigate it themselves or order an investigation.
• Online reporting: Use the Assam Police Citizen Portal to file a complaint online. This creates a digital trail that is harder to suppress.

Step 7: Managing the aftermath

Being publicly shamed is traumatic. Once the legal process is in motion, focus on your well-being.

• Check out our guide on Mental health helplines (iCall, Vandrevala, NIMHANS) for support.
• If the harasser starts a smear campaign online, immediately use the Cyber Crime reporting portal.
• For more detailed info on the registration process, see How to file an FIR (and what to do if police refuse).

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Where it usually breaks

The law looks great on paper, but the "system" often tries to talk you out of using it. Here is where things usually go sideways and how you can push back.

1. The "Samjhauta" (Compromise) Trap The most common failure point is at the police station desk. An officer might tell you, "Beti, he is like your uncle/brother, just ignore it," or "If you file a case, your career will be ruined by court dates." They are trying to reduce their paperwork.

• The Workaround: Remind them of Section 173 of the BNSS. Under the Lalita Kumari (2014) Supreme Court judgment, they have no choice but to register an FIR for cognizable offences. If they refuse, don't argue with the junior officer. Ask to speak with the Internal Complaints Officer or the Women’s Help Desk officer.

2. Victim Blaming by the Police In cases of moral policing, some officers might look at your clothes and say you "invited" the comments.

• The Workaround: You have the right to be examined and have your statement recorded by a woman police officer under the proviso to Section 173(1) of the BNSS. If the male officer is being judgmental, stop talking and demand a female officer. In Assam, you can also mention that you will report this behavior to the Sishu Mitra nodal officer if you are a minor, or via the Assam Police Citizen Portal.

3. The "Jurisdiction" Excuse An officer might tell you, "This happened in the market, which falls under a different Thana. Go there."

• The Workaround: Use the Zero FIR rule. Under Section 173(1) of the BNSS, a police station is mandated to register an FIR regardless of where the crime took place. They must register it, give it a serial number "0", and then transfer it to the correct station themselves.

4. The Mob Mentality If the moral policer is a local "influential" person, they might bring 10 people to the station to intimidate you.

• The Workaround: Do not go to the station alone. Take a friend, a lawyer, or a member of a local NGO. If you feel unsafe at the local station, you can send your complaint via Registered Post to the Superintendent of Police (SP) of your district under Section 173(4) of the BNSS. This forces the system to track the complaint.

Templates / script

A. Script for calling 112 (Emergency)

"Hello, my name is [Your Name]. I am currently at [Specific Location, e.g., Fancy Bazar, Guwahati]. I am being harassed and intimidated by a group/individual who is shaming me for my clothes and calling me names. I feel unsafe and I need a patrol car here immediately. I am recording the incident. Please provide me with the GDE (General Diary Entry) number for this call."

B. Formal Complaint Template (for Section 79 BNS)

To, The Station House Officer, [Name of Police Station], [City/District]

Subject: Complaint against [Name of person, if known, or "Unknown Person"] for insulting modesty under Section 79 of the BNS.

Respected Sir/Ma'am,

I, [Your Name], age [Age], resident of [Address], wish to report an incident that occurred on [Date] at approximately [Time] at [Location].

While I was [doing what you were doing, e.g., walking to the bus stop], the accused approached me and began [describe actions: shouting, recording me, calling me "characterless", etc.]. Specifically, the accused said: "[Quote the exact words used]".

These actions and words were intended to insult my modesty and have caused me significant mental distress and fear for my safety.

I request you to:

1. Register an FIR under Section 79 of the Bharatiya Nyaya Sanhita (BNS) and Section 78 (Stalking/Recording) if applicable.
2. Secure any CCTV footage from [nearby shop/camera].
3. Provide me with a free copy of the FIR as per Section 173(2) of the BNSS.

Attached: [Photos/Videos/Witness contact details]

Sincerely, [Your Signature] [Your Phone Number]

C. Email to the Superintendent of Police (SP)

Use this if the local Thana refuses to help. To: [Email of District SP - find this on assampolice.gov.in] Subject: Complaint under Section 173(4) BNSS regarding refusal to file FIR.

Dear Sir/Madam, I am writing to bring to your notice that on [Date], I approached [Name of Police Station] to file a complaint regarding an insult to my modesty (Section 79 BNS). The officer on duty, [Name/Description], refused to register the FIR.

As per Section 173(4) of the BNSS, I am forwarding my complaint to you. I request you to either investigate the matter yourself or direct the registration of an FIR.

[Attach the original complaint]

FAQs

1. Do I need to pay the police to file an FIR? No. Filing an FIR is absolutely free. Under Section 173(2) of the BNSS, the police are legally required to give you a copy of the FIR immediately, free of cost. If they ask for "station expenses" or "paper costs," it is a bribe. Report it on the Assam Police Vigilance helpline.

2. What if the person was "just" recording me and didn't say anything? Recording a woman in a private act or following her/monitoring her online or offline without consent is Stalking under Section 78 of the BNS. If they are doing it to shame you in public, it still qualifies as an attempt to insult your modesty. Tell the police you want Section 78 included in the FIR.

3. Will my parents find out? If you are above 18, the police have no legal requirement to call your parents. However, they will ask for an "emergency contact." If you are under 18 (a minor), the police are required to inform your parents or guardians under the Juvenile Justice Act and POCSO protocols (if applicable).

4. Can I file the complaint online in Assam? Yes. You can use the Assam Police Citizen Portal (policeweb.assam.gov.in) to file an e-FIR for "Unknown Persons" or a complaint. However, for serious harassment where you want immediate arrest, a physical visit or calling 112 is more effective.

5. How long does a Section 79 BNS case take? The police usually have 60 to 90 days to file a chargesheet. Once the chargesheet is filed in court, the trial begins. While the "justice" part takes time, the act of filing the FIR usually stops the harasser immediately because they now have a criminal record pending against them.

6. Someone called me "characterless" on Instagram/WhatsApp. Is that the same? Yes. Section 79 of the BNS covers words and gestures in any medium. If the shaming is happening online, it also attracts Section 66E of the IT Act (violation of privacy) and potentially Section 79 BNS. Take screenshots and screen-record the comments before they are deleted.

7. Can a local "Youth Club" or "Society" member stop me? No. No local committee, "Samiti," or "Club" has the legal authority to enforce a dress code or restrict your movement. If they try to restrain you, it is Wrongful Restraint (Section 126 BNS). If they threaten you, it is Criminal Intimidation (Section 351 BNS). Use these sections when talking to the police.