Voyeurism
AI Assist
Summary
Secretly watching or photographing a woman during a private act, or sharing such images, is an offence when she reasonably expects privacy. First conviction carries 1 to 3 years imprisonment and fine; a second or later conviction carries 3 to 7 years and fine. 'Private act' covers exposed or underwear-covered breasts/genitals/posterior, using a lavatory, or sexual acts not ordinarily done in public; the offence is cognizable, first bailable, repeat non-bailable, triable by Sessions Court.
Example
Priya is changing clothes in her bedroom believing she is private. Her neighbour secretly films her and later shares the videos online. The neighbour can be charged with voyeurism: on first conviction punishable by 1 to 3 years imprisonment and fine; sharing counts as an offence even if Priya consented to filming but not to dissemination.
Bare Act
Enacted textWhoever 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 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.
BNSS Classification
- Voyeurism: Imprisonment for not less than 1 year but which may extend to 3 years and fine.
- Second or subsequent conviction: Imprisonment for not less than 3 years but which may extend to 7 years and fine.
- Cognizable
- Bailable for Voyeurism
- Non-bailable for Second or subsequent conviction
- Triable by Court of Session
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