IPC 354C - Punishment for Voyeurism IPC

IPC 354C Voyeurism

354C (Voyeurism: Proposed Section 76 of The Bharatiya Nyaya Sanhita, 2023). – Any man who watches or captures the image of a woman engaging in a private act in circumstances where she would usually expect not to be 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.

Explanation 1. – For 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 2. – 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.

Voyeurism Defined: Voyeurism is derived from the French word voyeur, which means “one who looks”. However, this term is usually conjoined to any male who spies on a woman. This section’s explanation takes the definition further to an instance where, though capturing the image can be done with consent, its dissemination is not with consent.

So, in the first explanation, Voyeurism is practiced when the woman is doing some activity in private, like taking a bath, feeding a baby, engaging in a sexual act, urinating, changing clothes, etc. A man secretly watches that act or captures images of that. Trial rooms and public restrooms are often said to have secret cameras installed by the accused. Peeping tom is usually how such people are referred.

The second explanation may involve intimacy between the accused and the woman, in which he captures photographs or videos of the woman during the intimate act and subsequently disseminates it to a third party or on the web or any other medium against the will or consent of that woman. Revenge Porn is one such instance which is covered under this section.

Punishment for Voyeurism

Any person found guilty of this offence 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.

Please note that the second subsequent conviction is not the second accusation of offence. Only after the accused has been punished once for the act does the second or subsequent offence commence.

This offence is bailable and is triable by any magistrate of first class.

Note: If a man captures any image or video and has not disseminated it but is blackmailing or threatening the woman of dissemination, it is not a crime under this section. It is a separate crime of extortion, which is applicable.

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