Supreme Court Clarifies Voyeurism Law: Photos of Women in Public Not Covered Under IPC Section 354C
Court Says Voyeurism Applies Only to Private Acts Like Undressing or Intimate Situations
Judgment Highlights Need to Balance Privacy Rights with Clear Legal Definitions
By Our Legal Reporter
New Delhi: December 06, 2025:
In a landmark ruling, the Supreme Court of India has clarified the scope of Section 354C of the Indian Penal Code (IPC), which deals with the offence of voyeurism. The Court held that taking photos or videos of a woman without her consent, when she is not engaged in a private act, does not amount to voyeurism.
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This judgment, delivered by a bench of Justices N. Kotiswar Singh and Manmohan, has significant implications for privacy rights, criminal law, and the interpretation of offences against women.
Background of the Case
The case arose from an incident in West Bengal where a man was accused of intimidating a woman by clicking her photos and making videos on his mobile phone without her consent. The woman alleged that his actions intruded upon her privacy and outraged her modesty.
An FIR was registered against the accused under Section 354C IPC (voyeurism). The trial court and police treated the act as voyeurism. However, the matter reached the Supreme Court, which examined whether such conduct fell within the legal definition of voyeurism.
Supreme Court’s Observations
The Court made several key observations:
- Definition of Voyeurism: Section 354C IPC criminalizes watching or capturing images of a woman engaged in a “private act” without her consent.
- Private Acts Defined: Private acts include situations where a woman is undressing, using the bathroom, or engaging in sexual activity.
- Public Acts Not Covered: Capturing photos or videos of a woman in public or non-private settings, even without consent, does not amount to voyeurism.
- Discharge of Accused: The Court discharged the accused, holding that his actions, though objectionable, did not meet the threshold of voyeurism under IPC.
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Justice Singh observed: “The act of clicking a woman’s pictures and making her videos on a mobile phone without her consent, when she is not indulging in a private act, would not attract the offence of voyeurism under Section 354C IPC.”
Legal Context
- Section 354C IPC: Introduced after the 2012 Nirbhaya case, this section was meant to criminalize voyeurism and protect women’s privacy.
- Punishment: Voyeurism is punishable with imprisonment of up to three years for the first conviction, and up to seven years for subsequent convictions.
- Scope: The law specifically targets acts where women are in situations reasonably expected to be private.
The Supreme Court’s ruling narrows the scope of voyeurism to private acts only, distinguishing it from other offences like outraging modesty (Section 354 IPC) or criminal intimidation (Section 506 IPC).
Implications of the Ruling
- For Women’s Rights: The ruling clarifies that not all unauthorized photography amounts to voyeurism. However, women can still seek remedies under other IPC provisions.
- For Law Enforcement: Police must carefully apply Section 354C only in cases involving private acts, avoiding misuse of the provision.
- For Society: The judgment highlights the need for awareness about privacy rights and respectful conduct in public spaces.
- For Legal Clarity: The ruling prevents over-criminalization and ensures that voyeurism retains its intended scope.
Expert Reactions
Legal experts and activists have responded with mixed views:
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- Support for Clarity: “The Court has rightly clarified the scope of voyeurism. Not every photo taken without consent can be treated as voyeurism,” said a senior lawyer.
- Concerns for Women’s Safety: “While the ruling is legally sound, it may leave women vulnerable to harassment in public spaces,” argued a women’s rights activist.
- Call for Stronger Laws: Some experts suggested that India needs clearer laws to address unauthorized photography and harassment in public.
Broader Impact
This ruling is expected to influence future cases involving unauthorized photography or video recording of women. It also raises questions about the adequacy of existing laws to protect women’s privacy in public spaces.
While voyeurism is now clearly limited to private acts, other provisions like Section 354 IPC (outraging modesty) and Section 509 IPC (insulting the modesty of a woman) may be invoked in cases of harassment through unauthorized photography.
Conclusion
The Supreme Court’s ruling on Section 354C IPC is a landmark clarification of voyeurism law in India. By restricting voyeurism to private acts, the Court has ensured legal precision while balancing privacy rights.
For women, the judgment underscores the importance of knowing which legal remedies apply in different situations. For law enforcement, it provides clear guidance on when to invoke voyeurism charges.
As India continues to grapple with issues of privacy, harassment, and digital misuse, this ruling will serve as a critical precedent in shaping the legal landscape.
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