Clicking photo of woman in front of her house will not attract voyeurism: Kerala HC

Kochi, Nov 4 (PTI) The Kerala High Court ruled on Monday that seeing a woman or capturing her photo while she appears in a public or private space, where she normally expects others to see her and take photo will not attract voyeurism charges.

In its judgment, the court clarified that such scenarios would not attract any offence under Section 354C (Voyeurism) of the Indian Penal Code.

The ruling of Justice A Badharudeen came while quashing the charges made under Section 354 C of IPC against 56-year-old Ajith Pillai, a resident of North Paravoor in Ernakulam district.

The petitioner, who is an accused in a case registered by North Paravoor police under Sections 354C (Voyeurism) and 509 (Word, gesture or act intended to insult woman's modesty) of the IPC, has approached the High Court seeking to quash the charge sheet and all further proceedings against him.

According to the prosecution, on May 3, 2022, while the woman was in front of her house, the first and second accused persons reached there in a car and took photographs of her and the house. She restrained their car and questioned the photography. Then, both the accused showed gestures with sexual overtures, the prosecution alleged.

The petitioner's counsel argued that the woman was working as the Secretary of Nandyattukunnam Sree Subrahmania Swamy temple committee, and this case had been foisted due to rivalry.

The court said that watching or capturing the image of a woman, engaged in a "private act" in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminating such image alone is punishable.

"If a woman normally appears in a public place or private place not in circumstances where she would usually expect, any other person who either sees or captures her image, the same, in no way, affects her privacy, no offence under 354 C (Voyeurism) would attract," said the court.

In this case "the complainant was in front of her house, without any secrecy, as stated in Section 354C of the IPC and as such, the said offence would not attract against the petitioner," said the court. However, the court allowed the prosecution to continue with the charges under Section 509 of the IPC. PTI ARM ADB ARM 10/4/2024 KH