We often come across news about hidden cameras in hotel rooms or women’s changing rooms. The law that penalizes this offence is Section 77 Voyeurism. With the rise of digital technology, the issue of voyeurism has taken on an alarming impact. Women’s privacy is increasingly at risk from individuals who exploit technology to invade their most intimate moments. Recognizing the need to address this serious violation of women’s privacy, Section 77 Voyeurism of the Bharatiya Nyaya Sanhita (BNS) has revised the provisions of Section 354C Voyeurism, which was originally part of the now-repealed and replaced Indian Penal Code (IPC).
The BNS has introduced important changes to ensure a strict provision that better protects women from being watched, recorded, or having their private moments disseminated without their consent. Read the article and share your thoughts in the comments !!!
Section 77 Voyeurism BNS :
Whoever 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 purposes 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.
Section 77 Voyeurism Provision Explanation:
Section 77 of the Bharatiya Nyaya Sanhita deals with the offence of voyeurism. This section criminalises the act of watching, capturing images, or disseminating images of a woman engaged in a private act where she expects privacy. This includes situations where the woman is unaware of being observed. The law aims to protect a woman’s privacy in such intimate moments.
The Punishment :
The punishment for a first-time offender under this section is imprisonment for at least one year, which can extend up to three years, along with a fine. For repeat offenders, the imprisonment is increased to a minimum of three years and can go up to seven years, with an additional fine.
Ingredients of Section 77 Voyeurism :
1. Act of Watching or Capturing: The perpetrator must have watched or captured an image of a woman engaged in a private act.
2. Expectation of Privacy: The woman should have a reasonable expectation of not being observed.
3. Dissemination/ circulation : If the perpetrator shares the image without the woman’s consent, it constitutes an offence.
4. Private Act: A private act includes situations where the woman’s genitals, posterior, or breasts are exposed or covered only in underwear, where she is using a lavatory, or engaging in a sexual act not typically done in public.
Explanation 1: Defines “private act” to include acts performed in places expected to provide privacy, such as when the victim’s private parts are exposed or she is using a lavatory or engaging in a sexual act.
Explanation 2: If the woman consents to the capture of the image but not to its dissemination, spreading that image is also an offence.
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Comparison with IPC Section 354C (Voyeurism)
Section 354C of the Indian Penal Code (IPC) also addresses the offence of voyeurism, similar to Section 77 of the BNS. Both sections criminalise the act of watching or capturing images of a woman engaged in a private act without her consent and disseminating such images. The punishments under both sections are similar, with imprisonment and fines imposed on the offenders.
However, Section 77 of the BNS provides a clearer definition of what constitutes a “private act” and explicitly includes acts like using a lavatory or engaging in sexual acts as private. The BNS also clarifies that consent to capture the image does not extend to consent for its dissemination, making unauthorised sharing a distinct offence.
Recent and significant cases where the Supreme Court and High Courts interpreted laws related to voyeurism :
1. X v. State of Maharashtra (2022) Supreme Court of India
This case involved the unlawful filming of a woman in a changing room. The Supreme Court emphasized the importance of protecting the privacy and dignity of women, particularly in spaces where they expect complete privacy. The court held that even if the victim was unaware of the recording at the time, the act still constituted voyeurism. The court reaffirmed that consent to be in a private space does not imply consent to be filmed.
2. State of West Bengal v. Abhijit Das (2021) Calcutta High Court
In this case, the accused was caught filming a woman without her knowledge while she was changing clothes. The Calcutta High Court held that the act of capturing images or videos in such circumstances where the victim expects privacy falls squarely under the definition of voyeurism. The court also discussed the importance of explicit consent for any recording and clarified that the dissemination of such content without consent is a serious violation of privacy.
3. Kavitha v. State of Karnataka (2023) Karnataka High Court
This case involved the unauthorized sharing of intimate images of a woman by her partner. The Karnataka High Court discussed the provisions of Section 354C IPC and stressed that even if the images were initially captured with consent, disseminating them without explicit permission from the victim is a criminal act. The court highlighted the mental trauma and societal stigma that victims face, reinforcing the need for stringent punishment for such offences.
4. X v. State of Kerala (2023) Kerala High Court
This case dealt with a hidden camera placed in a women’s hostel bathroom. The Kerala High Court interpreted Section 354C IPC, emphasizing that the mere act of placing a camera with the intention to capture images or videos in a private space constitutes voyeurism, even if the camera is not actively recording. The court also discussed the role of technology in such crimes and the need for awareness and preventive measures.
5. State of Tamil Nadu v. Prakash (2022) Madras High Court
In this case, the Madras High Court examined the offence of voyeurism in the context of a public event where a woman’s private act was filmed without her consent. The court discussed how public spaces do not diminish a woman’s right to privacy, particularly in moments where privacy is expected. The court reiterated the principles laid down in earlier judgments and stressed the importance of upholding the dignity of women in both public and private spaces.
Significant Points to Consider as per Courts Interpretation:
Expectation of Privacy: Courts have consistently upheld that the expectation of privacy is a critical factor in determining whether an act constitutes voyeurism.
Consent: Consent is central, not only for capturing images but also for disseminating them. Lack of consent, especially for dissemination, is a significant violation.
Technology: The rise of technology-related voyeurism has led courts to emphasize the need for awareness and stringent enforcement of laws protecting privacy.
Dignity and Trauma: Courts have recognized the deep psychological impact and societal stigma faced by victims, advocating for strict punishment for offenders.
Summary
Section 77 Voyeurism is designed to protect women from being observed, recorded, or having their private moments disseminated without consent. We review significant recent cases where the Supreme Court and High Courts have interpreted this section, emphasizing the judiciary’s focus on the expectation of privacy, the importance of consent, and the challenges posed by technological advances. The analysis underscores the courts’ commitment to enforcing Section 77 Voyeurism to safeguard the privacy and dignity of women in today’s society.”
Is this provision comprehensive and is the punishment strict enough, or does our society need stricter laws for offences like this?” Please share your thoughts in comment box.