Voyeurism 1
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Summary
Watching, recording, or sharing images of a woman doing a private act where she reasonably expects privacy is an offence. On first conviction the offender faces 1 to 3 years imprisonment and a fine; on a second or subsequent conviction 3 to 7 years and a fine. Private act includes exposed genitals, posterior or breasts, using a lavatory, or sexual acts not ordinarily done in public. Consent to recording but not to sharing does not legalise dissemination.
Example
Priya is changing clothes in her bedroom and Arjun secretly films her and uploads the images to a messaging group. Arjun can be punished with 1 to 3 years imprisonment and a fine on a first conviction; a repeat conviction would attract 3 to 7 years and a fine.
Bare Act
Enacted textAny 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.
(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.
1 Criminal Law (Amendment) Act, 2013
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