• Regarding voyeurism

Is a person punishable if he captures another 'man' in his private acts??
Asked 6 years ago in Criminal Law
Religion: Hindu

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12 Answers

Hello, 

If the same is being done without your consent and the same is being recorded electronically then the said act constitutes and offence and the said person can be punished. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

See in India 354 C ipc punishes only.person who captures women in the private act though the person doing so can be punished under other section of IPC and iT act for recording capturing private act.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

To your horror, Voyeurism is an offense if committed agasint women by a men.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Yes

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

Dear sir, 

For your information, The penal provision of Voyeurism is stated under section 354C of the Indian Penal Code, 1872. which expressly states that 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 will be liable for the offence under section 354 C of the Indian Penal Code, 1872. 

So, as per your query, the interpretation of this section is gender specific. which means that only if a man is capturing the image of the woman engaging in a private act which shows her genitals. only then the man can be held liable for such act.  Hence, If any man has captured any man doing private acts, it will not be punishable as voyeurism. 

But, Since, The hon'ble supreme court has in K.S puttaswamy vs Union of india, has held that Right to privacy is a fundamental right. So, you can exercise this right by instituting a civil suit asking for damages Or a police complaint(not an FIR) but in the daily diary where it can take the way as a suit.

Yuganshu Sharma
Advocate, Delhi
971 Answers
2 Consultations

yes it is punishable offence under Indian penal code 354 C

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, 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.Explanations

         

    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.

   

  1. 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.

 

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

Section 354C of IPC 

 

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 image1shall 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.

 

2) capturing another man is not punishable under section 354 C of IPC 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

1. Your query is lacking details.

2. Depends on where those private acts were done. It is also not clear what you mean by 'capture' in private acts.

 

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

It is illegal to take photography of a woman not man in ipc 354/C.

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

What do you by mean by 'capture'?

If you mean take video recording of a person indulged in sexual activities inof a person indulged, then it is absolutely illegal under provisions of Indian penal code.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Dear sir

Yes the person  is punishable under voyegerism

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

For the first time, the 153 year- old Indian Penal Code (IPC) now recognizes stalking, sexual harassment and voyeurism (watching a woman engaging in a private act, where she would have expected not be observed) as crimes.

Voyeurism is the act of a person who, usually for sexual gratification, observes, captures or distributes the images of
another person without their consent or knowledge.

Legal Provision under Information Technology (Amendment) Act, 2oo8

 

Under section 66E “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 extent to three years or with fine not exceeding two lakh rupees, or with both.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

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