Taking photo of woman in public is not voyeurism: HC

KOCHI: If a woman is in a public or private place where she would not typically expect privacy or protection from being seen or photographed, the offence of voyeurism is not applicable, the high court has held.

Justice A Badharudeen made this ruling in response to a petition filed by two accused seeking to quash the charges against them for allegedly taking a photograph of a woman in front of her house and making gestures with sexual intent. According to the prosecution, the incident occurred in 2022 when the complainant was in front of her house, and the accused approached in a car, took photographs of her and the house, and, when confronted near the gate, made gestures with sexual implications. The police registered a case against the accused under sections 354C (voyeurism) and 509 (word, gesture, or act intended to insult the modesty of a woman) of the Indian Penal Code (IPC).

In considering the petition, the bench observed that the offence of voyeurism applies only when a woman is watched or photographed while engaged in a private act, under circumstances where she would usually expect not to be observed. Since the accused took the photograph while the complainant was in front of her house, the offence under section 354C IPC was not applicable, leading to its quashing.

However, the bench noted that the accused's actions could attract charges under Section 354A(1)(i) and (iv) (sexual harassment and punishment for sexual harassment) of the IPC. The court clarified that while the request to quash the offence under Section 354C was granted, the trial court should evaluate whether there was sufficient evidence to frame charges under Section 354A(1)(i) and (iv) IPC at the time of charge framing. Additionally, the bench permitted the continuation of prosecution under Section 509 IPC.