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Laws on prevention of Voyeurism in India - Thilagavathi K.




There are a number of laws in India that prohibit voyeurism. These laws are in place to protect people from being spied on or photographed without their consent. If you are caught violating these laws, you could face criminal charges.

Voyeurism: Indian laws and IPC Section 354C: 
There is a lot of discussion around the topic of voyeurism in India, and the laws surrounding it. One section of the Indian Penal Code (IPC) in particular, Section 354C, has been frequently debated. This section states that "Any person who watches, or captures the image of, a woman engaging in a private act in circumstances where she would usually be expected to be nude, or to be engaged in a sexual act, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both."

Defining voyeurism:

Voyeurism is the act of obtaining sexual gratification by watching someone engage in sexual activity, without their knowledge or consent. This can include watching someone undress or engaging in sexual activities, or self-gratification. Voyeurism is a crime in many jurisdictions.

Laws related to voyeurism in India:

There are a number of laws that could be used to prosecute someone for voyeuristic behaviour. The Indian Penal Code (IPC) addresses a number of different offenses that could be used in a voyeurism case, including sexual assault, stalking, and public indecency. Additionally, there are a number of state-level laws that could be used to prosecute someone for voyeurism, such as the Maharashtra Control of Organised Crime Act (MCOCA) and the Tamil Nadu Prohibition of Harassment of Women Act. IPC Section 354C is a law that prohibits any form of sexual contact or gesture against a woman without her consent. This law is also known as the 'sexual harassment law'. The punishment for violating this law can range from a simple fine to a prison sentence. This law is important because it ensures that women are protected from any form of sexual harassment or assault.

How is voyeurism punishable under section 354 C?
IPC Section 354C prohibits voyeurism, which is the act of spying on someone for sexual gratification. This is a criminal offence and can be punished with imprisonment for up to three years. To be convicted of voyeurism, the prosecution must prove that the defendant:

1. Intentionally spied on another person for sexual gratification;

2. Did so without the other person's consent; and

3. The other person did not know about the defendant's intentions.






Legal defence for voyeurism: 

There are several defences that may be available to someone charged with voyeurism. The most common defence is that the person did not intend to obtain a sexual gratification or sexual arousal from the images. This defence is often raised when the accused is caught taking pictures or videos of people who are fully clothed. 

Another defence that may be available is that the accused was a victim of voyeurism. This defence is available when the accused was taking pictures or videos of themselves and they were not the intended target of the voyeurism. 

Recent incident at Chandigarh University:

Hundreds of young students who went out in Chandigarh university in Mohali, they launched a protest against the alleged leakage of objectionable videos of some of the students. The students said that there were blurry videos of roughly 60 girls taking baths in the dorm. Three people have been taken into policy custody by the Punjab police: A student, a 23-year-old man from Himachal Pradesh (student’s boyfriend), and his 31-year-old partner. The police reported that they have filed a FIR under section 354 C of IPC(Voyeurism) and IT Act and they are continuing their investigation. Mobile phones have been submitted for forensic investigation and the accused are questioned. The line of questioning is ‘What were the intentions behind sending the video?’ and ‘how many people were circulated with the video?’. The UT (Union Territory) advisor Dharmapal directed the Director General of Police to conduct a security review of all the girls’ hostels and women paying guest facilities in Chandigarh. This was knee-jerk reaction of sorts after seeing the protests take place across the city.

            There were many questions such as what did the video show? Did the video actually show the multiple girls? Did it just show the girl who is accused? The lack of clarity is because of the police officials and the varsity administration. They are tight-lipped since the matter actually started in the very first place. They are not sharing much details. But as per the reports, all the three accused have deleted the data from their cell phones. So, the cell phones were sent to forensic labs. The lawyer of three accused has told media persons that there were two of the videos which have been recovered from the accused girl. One video was shot by herself which she was supposed to send to her boyfriend and there is another video which belongs to some other girl but it is not objectionable in nature. A Three-Member Women SIT (Special Investigation Team) has been formed which is under the supervision of the senior IPS officer Gurpreet Singh Deo and there are other DCP level officers as well as women in particular are going to investigate the matter further and all the three accused were presented by the police in Mohali’s Kharar court, they were given a seven-day police remand by the court.

How can voyeurism be prevented?:

There are a few ways that voyeurism can be prevented. One way is to have laws in place that prohibit voyeurism and make it a criminal offense. This can help to deter people from engaging in this behaviour. Another way to prevent voyeurism is to educate people about the dangers and consequences of voyeurism. This can help people to be aware of the risks involved in voyeurism and make them less likely to engage in this behaviour. Finally, it is important to create a culture that does not condone voyeurism. This can help to discourage people from engaging in this behaviour.

While this section of the law is clear in what it prohibits, there is still some debate around how it should be interpreted and applied. There have been cases where people have been arrested and charged under this section for taking pictures of women in swimsuits or other clothing that reveals their body, even though they are not engaged in a private act. There is a need for clarity on this matter, and for the law to be more specific about what constitutes a "private act."


- The above Article is Written by Thilagavathi K (B. A. LL.B(hons) -II year SRM School of Law).

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