Watching or Photographing Woman Not Voyeurism Under Section 354C IPC Unless Privacy Expected: Kerala High Court

The Kerala High Court has ruled that the offence of voyeurism under Section 354C of the Indian Penal Code (IPC) does not apply when two men took photographs of a woman while she was standing openly in front of her house, without any element of privacy.

Justice A. Badharudeen clarified that for voyeurism to be established, it is necessary that the woman is engaged in a "private act" as defined under the statute. According to the explanation in Section 354C, a "private act" refers to situations where an individual typically expects privacy, such as when their genitals, posterior, or breasts are exposed or covered only by underwear, when using a lavatory, or when engaged in sexual acts not typically done in public.

The court thus dismissed the charges under Section 354C, noting that the alleged incident involved taking pictures while the woman was standing outside her house in plain view, which does not meet the criteria of a "private act."

The petitioner, the primary accused, was initially charged under Sections 354C (voyeurism) and 509 (insulting the modesty of a woman) of the IPC. The complaint alleged that the two men approached the complainant's house in a car, took pictures of her and the house, and made gestures with sexual undertones, allegedly outraging her modesty.

The High Court emphasized that for voyeurism to be applicable, the act must involve capturing images of a woman in circumstances where she would expect privacy, as described under Section 354C. Since the incident occurred openly outside the house, this condition was not met.

Consequently, the court quashed the voyeurism charge but allowed the possibility of considering an offence of sexual harassment under Section 354A of the IPC during the framing of charges. The court also permitted the continuation of proceedings under Section 509 of the IPC. Therefore, the petition was partially granted.