Understanding Voyeurism Crime: Meaning, Legal provisions, And Punishment

In today's digital environment, voyeurism is becoming a more common crime, particularly with the increase in online activity. It entails infringing upon someone's privacy, frequently by secretly capturing or disseminating private photos and recordings. This invasion impacts numerous women and young girls; many of them suffer in silence since these kinds of crimes frequently go unreported.

While helpful, the internet may also be a harmful tool if utilized improperly for these kinds of things. The repercussions of voyeurism are discussed in this article along with the legislation that India has implemented to combat and punish this crime. Understanding these guidelines is crucial to protecting personal privacy and stopping these violations.

Understand the Meaning Of Voyeurism Crime 

The French word "Voyeur" meaning "One Who Looks" is where the word "Voyeurism" first appeared. According to section 354C of the Indian Penal Code, 1860, voyeurism is described 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." This includes a lady who is in her underwear, undressed, using the restroom, or doing a sexual act.

It is an act of evident invasion of someone's personal space and privacy. It is not only horrible but also more detrimental to a person's mental health than it is physical to place someone in a position where you have to take control of their dignity and determine whether or not to reveal their body or engage in intimate behaviors.

This can occur through the following methods: distribution of movies or images against the victim's wishes and will; including uploading nude or semi-naked photos to the internet; or unauthorized observation, such as setting up a camera in a trial room.

Development Of Laws Of Voyeurism In India

It was not illegal to engage in voyeurism in India prior to 2013. Crimes including acid assaults, rape, and stalking were not punishable by strict legislation. Based on the recommendations of the Justice JS Verma Committee, the Criminal Law Modification Act 2013 was proposed by the Committee. This modification, along with certain other revisions, made voyeurism an illegal activity in India under section 354(c) of the Indian Penal Code, 1860.

Following the 2012 Nirbhaya rape incident, the Commission decided that voyeurism should be punished by a maximum of seven years in jail and that other sexual offenses should have harsher punishments. However, the IPC's introduction of the crimes of voyeurism and stalking did not make them gender-neutral; only men can be guilty of committing these crimes against women.

Provisions For The Offense Of Voyeurism

Some of the legal frameworks involved in this crime are:

Indian Penal Code

Section 354(c) of the Indian Penal Code punishes men who watch or record a woman during a private act where she expects privacy. If a man records such an act or distributes the images, he faces legal action.

A private act involves activities where a person expects privacy. This includes situations where the person’s genitals, posterior, or breasts are exposed, or if they are using a restroom or performing a sexual act not meant for public view.

If a woman agrees to be recorded but does not consent to the distribution, sharing the images is a crime under this section.

The Information & Technology Amendment Act

Voyeurism was made illegal with the passage of the IT ACT 2000 and the development of technology. Each of these provisions reinforced the notion of voyeurism:

• Section 66E: It is a crime if they willfully and knowingly take a picture of someone else's private area and publish it online or transmit it in a way that violates that person's right to privacy.
• Sections 67 and 67 A: Anybody who plans to disseminate or send electronically any lascivious material that could corrupt or deprave the minds of those who are likely to hear, see, or read it faces punishment.

Is Voyeurism a Crime?

Yes, voyeurism is a criminal offense under Indian law. It is specifically defined and penalized under Section 354C of the Indian Penal Code (IPC), which was introduced by the Criminal Law (Amendment) Act, 2013. This section criminalizes the act of secretly observing, photographing, or filming an individual, particularly a woman, without her consent in situations where she has a reasonable expectation of privacy. These situations may include using a bathroom, changing clothes, or engaging in intimate activities.

Under the law, voyeurism not only includes secretly watching or recording someone but also the act of disseminating such images or videos without the individual’s knowledge or consent. The punishment for voyeurism in India includes imprisonment and fines, with harsher penalties for repeat offenders.

The essence of the crime is the violation of an individual's privacy, where the offender exploits a private moment for their own sexual gratification or to harm the victim's dignity. Therefore, voyeurism is considered a serious crime, aimed at protecting personal privacy and dignity.

The law also underscores that the crime is gender-specific in nature, primarily focusing on the protection of women. However, other privacy violations involving men may be prosecuted under different sections of the law, depending on the circumstances.

What Can Victims Of Voyeurism Do?

The victim may visit the police station to file an FIR (First Information Report). In cases of this offense, only female police officers have the right to register the complaint. The complainant may opt to file the complaint verbally or in writing. The supervisory officer is required to file a formal copy of the complaint. The FIR needs to be submitted as soon as is practical after the offense is committed. The FIR needs to include as much detailed and accurate information as is practical.

It is acceptable for a voyeurism victim to notify the police about the incident. A female officer or police officer must register the complaint if it relates to one of the crimes listed above. If required, a social worker or interpreter may be present during the recording, which might happen in the victim's house or any other comfortable site for her. It is necessary to capture the statement on camera and have a judicial magistrate record it as well.

After the first conviction, the offense is subject to bail; however, after the second conviction, it is not.

Problems With The Application Of The Law

• Sometimes the victim is not even aware that her personal images or videos are being shared.
• The victim is typically coerced into paying a ransom in cash or in sexual favors, or else the private date would be revealed.
• The victim stays silent to preserve their reputation and sense of dignity in society.
• Most victims are not aware of the laws that address these kinds of crimes.

Punishment For Voyeurism Crime

According to Section 354C, the boy faces a minimum one-year jail sentence, a maximum three-year sentence, and a fine for the first violation. If found guilty again, the sentence lengthens to a minimum of three years and a maximum of seven years, plus a fine.

A person may be sentenced to up to three years in prison, a fine of no more than two lakh rupees, or both according to IT Act sec 66 E

In the instance of Sec 67 and 67A of the IT Act, the guilty person will face a maximum sentence of three years in prison and a fine of rupees five lakhs, or in the event of a subsequent conviction, a maximum sentence of five years in prison and a fine of rupees ten lakhs.

Landmark Cases Rated To Voyeurism Crime 

Here are a few notable voyeurism instances in India:

1. Punjab State vs. Major Singh (1967)

This is said to be among the earliest examples of voyeurism ever. The accused, a military commander, subjected a young child to voyeurism. The offender was found guilty when the Supreme Court ruled that the actions were insulting to the victim's modesty, even if she was a small child. This decision established a standard for how voyeurism is understood in relation to regulations that preserve women's modesty.

2. Jamaluddin Nasir vs. West Bengal State (2014)

In this instance, the accused surreptitiously recorded the victim as she was getting dressed on camera, all without her knowledge or permission. His attempt to exploit the tape as a means of blackmailing the victim led to his eventual capture.

The court maintained the value of privacy while finding the accused guilty under voyeurism-related laws. This case brought attention to the growing problem of digital voyeurism and the demand for more robust privacy safeguards.

Conclusion

Voyeurism is increasingly being prosecuted as a sexual offense in India, and the situation is dire due to the usage of technology in the commission of these crimes. Cyberspace is expanding daily, which raises the possibility of misuse because a picture may be viewed by millions of people in a matter of seconds, thereby harming someone's reputation. Voyeurism leaves the victim and their families with lasting scars that damage their reputation in the community.

It has also been noted that a high number of voyeurism victims commit suicide. For this reason, India's laws should be sufficiently robust to shield victims and deter similar offenses, ensuring that no one's life is destroyed by these insane people. The government has to take action quickly to stop voyeurism.