Section 354C-Voyeurism

Introduction
Voyeurism is the most prevalent and potentially illegal
sexual conduct. It is the practice of watching other
people's sexual activities without their consent. In this
type of offence, physical contact is not there, even if the
sexual crime is in nature. According to the recent reports
by NCRB, the total cases of voyeurism disposed of by
Police in the year 2021 is 1403.
Although these occurrences are recorded, many cases
are not, either by the victims or their families. The
complexity of the criminal justice system, lack of
awareness of the criminal procedure, and reluctance to
report sexual offences to the police can all make victims
of sexual crimes hesitant to do so. Here in this article,
we’ll look into the meaning of voyeurism, various
provisions rendered for voyeurism under the Indian Law
System, and how a woman can deal with it.
Voyeurism meaning
The origin of the word “voyeurism” is voyeur, which is a
French word meaning “one who looks.” It refers to an
action by any male of looking at a woman secretly. It is
an act that invades someone else's personal space and
privacy. Putting someone in a position where you
determine whether or not to see their body or personal
activities is atrocious and more damaging to their mental
health than it is to their physical health. This can occur
either by unauthorised observation, like installing a
camera in the courtroom, or through the dissemination
of recordings or images against the victim's choice and
preference, such as posting nude or semi-naked photos
online.
Provisions of Voyeurism under IPC - 354C
Under the Indian Penal Code, 1860, provisions
pertaining to Voyeurism were inserted by the amendment
of IPC in 2013 and is explained as:
“Section 354C. Voyeurism.—Any man who watches or
captures the image of a woman engaging in a private act
in circumstances where she would usually have the
expectation of not being 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. It shall also
be liable to a 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 the purpose of 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.”
Provision of Voyeurism under IT Act, 2000
Under the IT Act, 2000, the punishment for violation of
privacy is stated as-
“Section 67- Punishment for violation of privacy.
–Whoever intentionally or knowingly captures,
publishes, or transmits the image of a private area of
any person without his or her consent, under the
circumstances violating the privacy of that person,
shall be punished with imprisonment, which may
extend to three years or with fine not exceeding two
lakh rupees, or with both.”
What can be done?
An FIR could be made by the victim. Only a female police
officer may report crimes like sexual harassment,
voyeurism, stalking, rape, etc. The woman has two
options for expressing her complaint: verbally or in
writing. A written copy of the report must be filed by the
officer in charge. The sooner the FIR is filed following a
crime, the better. The FIR's information should be "as
explicit and precise as feasible." Any person found guilty
of this offence faces a first-time sentence of confinement
of either kind for a term that must not be less than one
year but may go as high as three years, as well as the
possibility of a fine, and a second- or subsequent
sentence of imprisonment of either kind for a term that
must not be less than three years but may go as high as
seven years, as well as the possibility of a fine. For the
first conviction of this specific offence, bail is available;
for the second, it is not.
Conclusion
To some extent, voyeurism, offline stalking, and online
stalking can be curbed by the general people being
vigilant in their surroundings and using the internet with
prudence. Individuals should exercise caution when
exercising intimacy with any adjacent foreign object to
prevent voyeurism-related offences. Police can only
conduct an effective investigation when the legal system
allows them some degree of discretion. It is the need of
the hour to revisit the current criminal law of India,
which is outdated and written in the colonial era. Indian
criminal law has undergone numerous revisions to better
meet the needs and ambitions of the people. But it's time
to make some fresh reforms so that the police and other
investigating organisations can effectively look into
crimes. Innovative ideas like community policing ought to
be prioritised while still being subject to limits on
authority and freedom. It is necessary to strengthen
police patrols in empty urban and rural areas. The abuse
of authority, even by police officers, should be regularly
monitored to ensure that they always act following the
law.