
NEW DELHI: The Supreme Court of India observed that an act of taking photos or videos of a woman without her consent does not amount to the specific offence of voyeurism, unless she is engaged in a "private act". It has also clarified that voyeurism is recording women's private parts, bathroom usage and sexual acts not ordinarily done in public without their knowledge.
In West Bengal, a woman's son had entered her property during a land dispute and taken a photo and video of it. The woman complained to the police, alleging that her privacy was being invaded. The police registered a case against the landlord's son for voyeurism and filed a chargesheet. The accused approached the Supreme Court after the Calcutta High Court rejected his plea for acquittal. A bench of Justices N. Kotishwar Singh and Manmohan observed that there was no allegation against the accused that he had filmed private moments. The accused was acquitted.
Voyeurism of a woman's private parts is a crime under Section 354C of the Indian Penal Code (IPC). If it is a first-time offense, the accused will be punished with imprisonment for a term which may extend to three years, and if caught again, it may extend to seven years, along with a fine.