Women being photographed in public is voyeurism

The Kerala High Court said that watching or capturing images of a woman involved in a private act,until if she seeks or expects privacy, is punishable for voyeurism under Section 354C of the Indian Penal Code.

Introduction

Kerala High Court stated that taking images of women in public spaces does not constitute voyeurism, such actions apply, when privacy is reasonably expected. The decision, from a case involving a man, accused of photographing a woman outside her home while making inappropriate gestures.

What is Section 354C all about?

354C–Voyeurism.–Any man who watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction.

Explanation- For the purpose of this section, “private act” includes an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy and where the victim’s genitals, posterior or breasts are exposed or covered only in underwear; or the victim is using a lavatory; or the victim is doing a sexual act that is not of a kind ordinarily done in public .

Explanation -.”Where the victim consents to the capture of the images or any act, but not to their dissemination to third persons and where such image or act is disseminated, such dissemination shall be considered an offense under this section.

What is Voyeurism under section 354C of IPC?

Voyeurism is the act of gaining sexual gratification by observing someone in a private or intimate situation without their consent. This can involve watching someone undress, using the restroom, or engaging in sexual activity. Voyeurism can be committed through physical observation or by recording such acts through photographs or videos. The act itself is intrusive and a violation of a person’s privacy, but the dissemination of captured images or videos further intensifies the offense.

Section 354C was introduced in 2013 as part of a series of amendments to the IPC under the Criminal Law (Amendment) Act, which came in response to growing concerns about the safety and dignity of women in public and private spaces. This section specifically addresses voyeurism, which involves observing or recording a person without their consent when they are in circumstances where they would reasonably expect privacy, such as in a bedroom, bathroom, or similar private settings.

Key Elements of Section 354C:

1. Definition of Voyeurism: Voyeurism in this context refers to the act of watching or capturing images of a woman in a private act without her consent, with the intent to invade her privacy.

2. Private Act: The law defines a private act as an activity that would normally not be performed in public. This includes acts where the person has an expectation of privacy, such as undressing, bathing, or engaging in intimate or personal activities.

3. Consent: Consent plays a crucial role in distinguishing a criminal act from a lawful one. Under Section 354C, any observation, recording, or capturing of images or videos done without the woman’s consent is considered an offense.

4. Repeat Offense: The law also recognizes the severity of repeat offense. However, if the person is convicted of voyeurism a second time, the imprisonment term increases significantly to three to seven years, along with a fine.

5. Gender-specific Protection: The section applies specifically to acts committed by men against women, focusing on gender-specific vulnerabilities and addressing crimes that typically affect women.

Consent: Even if a woman consents to being captured, but not to the dissemination of the images or video, sharing it becomes an offense under Section 354C.Punishment: The punishment for voyeurism under Section 354C varies depending on whether it’s a first or subsequent offense:First Conviction: Imprisonment for 1 to 3 years and a fine.Second or Subsequent Conviction: Imprisonment for 3 to 7 years and a fine.

Conclusion

Voyeurism is a serious offense that violates a person’s privacy and can have lasting emotional consequences. Section 354C of the IPC plays a vital role in addressing this issue. However, continuous efforts are required to ensure its effectiveness. By adopting gender-neutral language, keeping pace with technological advancements, and raising awareness.

Reference

https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00037_186045_1523266765688&orderno=397