Supreme Court: Taking Photos Or Videos Of Woman When She's Not Engaged In Private Acts Won't Amount To Voyeurism punishable under S 354C of IPC

  FIR AND CHARGESHEET DO NOT DISCLOSE AN OFFENCE UNDER SECTION 354C IPC

19. Section 354C of IPC defines voyeurism as an act of a man watching or capturing the image of a woman engaging in a ‘private act’ in circumstances where she would usually have the expectation of not being observed. ‘Private act’ has been defined in Explanation 1 as an act including “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.”

20. Upon a perusal of the FIR and chargesheet on record, this Court is unable to conclude the same disclose an offence under Section 354C of the IPC since there is no allegation in the FIR and chargesheet that the complainant was watched or captured by the Appellant-accused while she was engaging in a ‘private act’. The learned Single Judge, in the impugned judgment, has concluded with respect to the offence under Section 354C as under:-

“11. Allegation made in the written complaint, in my opinion, did not disclose any offence under Section 354C…

12. From the bare reading of the aforesaid provision, it is clearly intelligible that the allegation of clicking pictures and making video made in the written complaint cannot be said to be an offence within the meaning of Section 354C of IPC.”

(emphasis supplied)

21. Consequently, the learned Single Judge in the impugned order itself concluded that the allegations in the FIR and the material on record did not disclose an offence under Section 354C of IPC.

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.5146 OF 2025

TUHIN KUMAR BISWAS @ BUMBA Vs THE STATE OF WEST BENGAL 

Author: MANMOHAN, J.

Citation: 2025 INSC 1373.

Dated: December 02, 2025

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Whether court should reject bail application of accused for offence of Voyeurism?

 I have perused the photographs. The photographs which were
uploaded on different porn websites contain sexually explicit
act/conduct. Thus, the material on record prima facie indicates that
the applicant is involved in committing offence under Section 353(A)
and 354(C) of IPC as well as under Section 67 and 67A of the

Information Technology Act. The offence under Section 67A of the
Information Technology Act is nonbailable
offence. It is true that
the said offence is punishable with imprisonment for a term which
may extend to 5 years. However, considering the fact that the
victims are two young girls, and there is every possibility of the
applicant pressurizing the said victim girls and thereby thwarting the
course of justice, in my considered view, this would not be a fit case
to release the applicant on bail at this stage. Hence, the application
is dismissed.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 2304 OF 2017

Akshay  v/s. The State of Maharashtra 

CORAM : ANUJA PRABHUDESSAI,J.
DATED : OCTOBER 15, 2018.

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Notes on Sexual offences against woman as per Amendment Act 2013

Criminal law amendment Act 2013 has expanded protection to woman against sexual offences and several new offences are brought on statute book.

Earlier provisions dealing with offence of Rape namely

S 375,376,376A,376B,376C and 376D have been substituted by new sections which are as under:

Definition of Rape(S 375)

A man is said to commit rape if he-

a) penetrates his penis,to any extent,into the vagina,mouth,urethra,or anus of a woman or make her to do so with him or any other person;or

b)insert,to any extent,any object or a part of the body,not being the penis,into the vagina,the urethra or anus of woman or make her to do so with him or any other person;or

c)manipulates any part of the body of a woman so as to cause penetration in to the vagina,the urethra or anus of woman or make her to do so with him or any other person;or

d)applies his mouth to vagina,anus, urethra of a woman or makes her to do so with him or any other person,-

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