Voyeurism

Section 354C, Indian Penal Code

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MEANING

If a man does any of at following acts, it is considered voyeurism:

  1. Watching a woman in a private act (like using the washroom, taking a bath, any sexual activity) without her consent;
  2. Capturing images/videos of the woman in the private act, without her consent;
  3. Sharing the above images/videos of the woman;
  4. Sharing images/videos of the woman in a private act, even if she had agreed for taking them, but not for sharing them (for eg- if a woman shares private pictures to a trusted person and he shares them without her consent, this will also be voyeurism).

A private act is any action of the woman when she is in a private space and in a semi-naked or naked state. For example:

    - Using the lavatory (even if it is a public lavatory)

    - Taking a bath (even if it is a public bathroom)

    - Engaging in a private sexual act

    - Changing clothes

PUNISHMENT:

The punishment for voyeurism depends on the previous criminal history of the offender:

  1. For a first time offender- Imprisonment of 1 to 3 years and a fine.
  2. For a second time/repeat offender- Imprisonment of 3 to 7 years and a fine.

Nature of offence:

Cognizable Bailable (for first time offender)

Non-bailable (for second time offender)

COMPLAINT AGAINST VOYEURISM:

Please see "What You Should Know About Sexual Harassment" and Police Complaint.

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