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, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.
Explanations
- 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.
- 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 offence under this section.
IPC Section 354C of the Indian Penal Code deals with the offence of “voyeurism.” This section addresses situations where an individual watches or captures the image of a woman engaging in a private act without her consent, and the individual does so to invade her privacy. A “private act” is defined as an act in circumstances where the victim would usually have a reasonable expectation of not being observed.
Key elements of this section include:
- Watching or Capturing Image: The individual watches or captures the image of a woman.
- Private Act: The act involves the woman engaging in a private act where she expects privacy.
- Without Consent: The act is done without the woman’s consent.
- Intention: The individual has the purpose of invading the woman’s privacy.
Is IPC Section 354C Bailable?
IPC Section 354C is a non-bailable offence. Given the serious nature of the offence, which involves a violation of a woman’s privacy and dignity, the accused must appear before a court to seek bail.
IPC Section 354C Punishment
The Punishment under IPC Section 354C for voyeurism includes:
- First Conviction: Imprisonment for a term that shall not be less than one year but may extend to three years, and also liable to a fine.
- Second or Subsequent Conviction: Imprisonment for a term that shall not be less than three years but may extend to seven years and liable to a fine.
The Punishment’s severity reflects the offence’s gravity and the need to protect women’s privacy and dignity.
Example of IPC Section 354C
A real-life example of IPC Section 354C involved a case where a man was caught secretly filming a woman in a changing room at a clothing store. The woman discovered the hidden camera and reported it to the authorities. The man was arrested and charged under IPC Section 354C for voyeurism. The court found him guilty and sentenced him to imprisonment and a fine. This case highlighted the legal protections available to women against acts of voyeurism and the serious consequences for those who invade women’s privacy.
In another instance, a college student was caught taking unauthorized photographs of female classmates while they were in the restroom. The images were discovered when he shared them with others without consent. He was subsequently charged under IPC Section 354C for voyeurism. This case underscored the stringent legal measures in place to address such violations of privacy and the significant penalties imposed on offenders.
