Section 354 C deals with the offence of Voyeurism which means being happy or deriving pleasure simply by seeing a scene..
Voyeurism means derivation of sexual satisfaction by watching people secretly. If a man watches a woman engaged private activities, he has committed the offence of voyeurism.
EXISTING PROVISION
There is no specific offence under IPC. However under Information Technology Act 2000 both men and women were protected and punishment for the act was up to 3 years fine or both.
PROVISIONS AFTER AMENDMENT
- This section provides that any man who watches or captures the image of a woman engaged in a private act in such circumstances where the woman usually expects that she is not being observed either by perpetrator or by any other person at the behest of perpetrator.
PRIVATE ACT:
- Act which are expected to provide privacy and where the victims penitals, posterior or breasts are exposed or covered only in underwear, or victim is using a lavatory.
- Where the victims gives her consent to capture the images of any act does not consent to its dissemination to third person such act shall be considered an offence under this section.
PUNISHMENT:
- On first conviction with imprisonment for a term which shall not be less than 1 year and minimum up to 3 years and shall also be liable to fine.
- On second conviction for a term which shall not be less than 3 years and maximum up to 7 years and also liable to fine.
CLASSIFICATION U/SCHEDULE 1 Crpc
| OFFENCE | PUNISHMENT |
|---|---|
| Voyeurism | 1. 1 to 3 years + Fine for first conviction 2. 3 to 7 years + Fine for second or subsequent conviction |
| COGNIZANCE | BAIL | TRIABLE BY |
|---|---|---|
| 1. Cognizable 2. Cognizable |
Bailable Non-bailable |
1. Any Magistrate 2. Any Magistrate |
Composition u/s 320 Crpc
Offence is NOT listed under Compoundable Offences.
CHANGES in Criminal Laws
- Trials in all kinds of sexual assault cases against women should be completed within two months of filing of charge sheet in court.
- No police officer can refuse to record a complaint of heinous crime against women, either from the victim or on her behalf.
- No hospital and nursing home can turn away a victim of sexual assault on the pretext that it will wait for the police to arrive.
- During trial in a rape case, no question related to the character or previous sexual experience of the victim can be asked.
- In rape cases where the question is whether the victim gave her consent or not, the victim’s version will be treated as final.
