What is Section 354C IPC? Voyeurism
Published on: Lawiz Team
Learn about Section 354C IPC: Voyeurism
Official Legal Text
1. 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.
Explanation 1: For the purposes of this section, "private act" includes an act 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.
What This IPC Section Means – Explained in Simple Words
Section 354C punishes anyone who watches or captures images of a woman engaged in a private act without her consent, known as voyeurism.
Purpose
To protect the privacy of women and prevent unauthorized watching or recording of private acts.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable (for first offence), Non-Bailable (for subsequent offence), Punishment: Imprisonment not less than 1 year, which may extend to 3 years, and fine for first offence; Imprisonment up to 7 years, and fine for subsequent offences.
Key Elements
1. The woman must be engaged in a private act. 2. The act must be observed or recorded without her consent. 3. The intention must be to violate her privacy.
Punishment Details
Imprisonment of not less than one year, which may extend to three years for first conviction, and up to seven years for subsequent convictions.
Illustrative Example
If a person secretly records a woman changing clothes without her knowledge, it is an offence under Section 354C.
Legal Defenses
If the woman consents to being recorded or observed, it is not voyeurism.
Related Sections
Related to Section 354A (Sexual harassment) and Section 509 (Insulting modesty).
FAQs
What is Voyeurism under IPC?
Watching or capturing images of a woman engaging in a private act without consent.
What is the punishment under Section 354C IPC?
First conviction - up to 3 years; subsequent - up to 7 years imprisonment.
Is voyeurism under IPC cognizable?
Yes, it is cognizable and non-bailable.
Give example of Voyeurism.
Secretly filming a woman changing clothes.
What can be a defence?
Lack of intention or public act may be raised.
How to report voyeurism?
Lodge FIR at police station.
Which court tries voyeurism cases?
Sessions Court tries these offences.