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Secretly Taking Of Private Picture Of A Girl Without Having Her Consent. Is It Any Kind Of Offence?


A person is liable for voyeurism under section 354(C) of IPC,1860 in which it is given that any person 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 by other persons.


Voyeurism under the Indian Penal Code, 1860, section-354C describes the act as, “Viewing and/or capturing the image of a girl or woman going about her private acts, where she thinks that no one is watching her is a crime. This includes a woman, using a toilet, or who is undressed or in her underwear, or engaged in a sexual act.”



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.


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.


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