Taking photos of woman not engaged in 'private act' won't be voyeurism: SC

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The Supreme Court recently said that photographing or recording a woman on a mobile phone without her consent would not amount to voyeurism under Section 354C of the Indian Penal Code (IPC), if she is not engaged in a “private act”, LiveLaw reported.

 

A two-judge bench of Justices N Kotiswar Singh and Manmohan made the observation and discharged a man, accused of intimidating the complainant by photographing and recording her on his phone, an act she alleged breached her privacy and outraged her modesty.

 

What is the case about?

 

The case dates back to March 19, 2020, when the complainant filed a First Information Report (FIR) against the appellant-accused under IPC Sections 341, 354C and 506.

 

According to the complainant, on March 18, 2020, when she, along with a friend and some workmen, attempted to enter a property, the appellant allegedly stopped them and issued threats. She further claimed that he clicked photographs and shot videos of her without permission.

 

Following an investigation, the police filed a chargesheet on August 16, 2020, for the alleged offences.

 

What did the Supreme Court say?

 

The apex court upheld the Calcutta High Court’s decision to quash the criminal case against the appellant and observed, "It is clearly intelligible that the allegation of clicking pictures and making a video made in the written complaint cannot be said to be an offence within the meaning of Section 354C of IPC.”

 

The top court also noted that the offence of voyeurism was not made out, adding that the appellant's act of clicking photographs or recording videos did not breach her privacy, in the manner contemplated under the law, since she was not engaged in a “private act".

 

The court noted that Section 354C defines voyeurism as watching or capturing an image of a woman while she is involved in a “private act” in circumstances where she would normally expect privacy. It added that “private act” covers situations such as where intimate parts are exposed or covered only by underwear, where the woman is using a lavatory, or where she is engaged in a sexual act not ordinarily done in public.