Taking photos of women in public is not voyeurism: HC | India News

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KOCHI: The apex court has ruled that the crime of voyeurism does not apply if a woman is in a public or private place where she does not normally expect privacy or protection.
Justice A Badharudeen gave this order in response to a petition filed by the two accused seeking to quash the charges against them for allegedly taking a photo of a woman outside her house and making sexually oriented gestures. According to the prosecution, the incident occurred in 2022, while the complainant was in front of his house, when the suspect approached by car, took photographs of himself and the house, and made sexual innuendos when confronted near the door. The police registered a case against the accused under sections 354C (voyeurism) and 509 (word, gesture or act intended to outrage the modesty of a woman) of the Indian Penal Code (IPC).
In considering the petition, the panel observed that the offense of voyeurism only applies if a woman is watched or photographed performing a private act, under circumstances where she would generally expect not to be observed. Since the accused took the photograph when the complainant was in front of her house, the offense under Section 354C of the IPC became inapplicable, which led to quashing of the offence.
However, the bench stated that the actions of the accused may attract charges under Section 354A(1)(i) and (iv) (sexual harassment and punishment for sexual harassment) of the IPC. The court explained that while granting the plea for quashing the offense under Section 354C, the trial court has to consider whether there was sufficient evidence to frame the charges under Section 354A(1)(i) and (iv) IPC at the time the charge was framed. . The bench also allowed continuation of prosecution under Section 509 IPC.