Photographing a woman outside her home does not constitute 'voyeurism': Kerala HC

Kochi: The Kerala High Court ruled that taking photographs of a woman standing in front of her house, without any effort to hide, does not constitute voyeurism under Section 354C of the Indian Penal Code (IPC).

The court dismissed the case against a man accused of photographing a woman in this situation, noting that she was visible while standing outside her home. It stated that capturing images of a woman engaged in a private act is punishable only if it occurs in a setting where she has a reasonable expectation of privacy.

Justice A. Badharudeen clarified that the offence of voyeurism only applies when someone observes or captures images of a woman engaged in a "private act," as specified in the law. The judge explained that if a woman appears in a public or private space where she typically wouldn't expect to be observed or photographed, it does not violate her privacy even if her clothing is minimal. The court emphasized that no offense under Section 354C applies in such cases.

The petitioner had requested the court to dismiss the charges against him. The complaint alleged that he and a friend drove to the woman's house, took pictures of her and her property, and made inappropriate gestures. The case dates back to an incident on May 3, 2022.

According to the law, the court emphasized that a “private act” includes situations where a person would reasonably expect privacy, such as being unclothed, using a restroom, or engaging in intimate acts that are not normally done in public. However, since the events took place in front of the woman's house, the court found that the accusation did not meet the criteria for voyeurism.

The bench subsequently quashed the proceedings against the accused under Section 354C, concluding that the alleged incident of capturing images occurred while the complainant was standing in front of her house, where there was no expectation of privacy

With IANS inputs