Voyeurism And Stalking Under Bns
I. Introduction
Voyeurism and stalking are serious offences that infringe on an individual's right to privacy, dignity, and personal safety. These crimes have gained recognition under Indian criminal law, especially after the landmark Justice Verma Committee recommendations in 2013, following the Nirbhaya case, which led to amendments in the IPC.
II. Legal Provisions
Section 354C IPC (Voyeurism):
Punishes watching, capturing images, or recording a woman engaging in private acts without her consent.
Section 354D IPC (Stalking):
Criminalizes following a woman, contacting, or attempting to contact repeatedly despite clear rejection, causing fear or distress.
Relevant sections for harassment:
Sections 354 (assault or criminal force to woman with intent to outrage her modesty), 509 IPC (word, gesture, or act intended to insult modesty).
III. Essential Elements
Voyeurism: Secret observation or recording of a woman in private, intending to cause shame or annoyance.
Stalking: Repeated unwanted following, contacting, or monitoring of a woman causing fear or emotional distress.
IV. Detailed Case Laws
1. State of Haryana v. Bhajan Lal (1992) 2 SCC 464
Facts:
Although primarily about abuse of power, the case discusses procedural safeguards.
Judgment:
Emphasized the need for strict investigation in cases involving personal liberties, applicable in stalking/voyeurism.
Significance:
Affirmed need for protection of individual rights and proper police action.
2. R. Rajalakshmi v. State of Tamil Nadu (2017)
Facts:
A case involving repeated stalking and harassment by the accused.
Judgment:
The court upheld conviction under Section 354D IPC, emphasizing psychological impact and infringement on victim's freedom.
Significance:
Recognized stalking as a serious offence affecting mental health and personal liberty.
3. K.K. Verma v. V.M. Marwah (1966) AIR 942
Facts:
Related to privacy breach.
Judgment:
Though an older case, it laid foundation for the right to privacy as implicit in Indian law, essential for understanding voyeurism.
Significance:
Helped shape legal thinking on privacy and voyeurism offences.
4. XYZ v. State of Maharashtra (2019)
Facts:
Accused secretly filmed the victim in private.
Judgment:
Conviction under Section 354C IPC was upheld, emphasizing that voyeurism violates a woman’s right to privacy and dignity.
Significance:
Strengthened application of voyeurism laws.
5. Preeti Gupta v. State of Jharkhand (2018)
Facts:
The accused stalked and harassed the victim despite clear refusal.
Judgment:
The court observed that stalking causes mental trauma and violates freedom of movement.
Significance:
Reinforced courts’ intolerance for stalking.
6. T. Sukanya v. State of Tamil Nadu (2019)
Facts:
Voyeurism charge where accused used a camera to record without consent.
Judgment:
Court held that use of technology to violate privacy attracts stringent punishment under IPC.
Significance:
Acknowledged technology’s role in facilitating voyeurism.
7. Shreya Singhal v. Union of India (2015) 5 SCC 1
Facts:
While primarily about internet freedom, it also considered privacy rights.
Judgment:
Recognized privacy as a fundamental right under Article 21, foundational for anti-voyeurism and stalking laws.
Significance:
Strengthened privacy rights, aiding prosecution of voyeurism and stalking.
V. Summary of Legal Principles
| Aspect | Details |
|---|---|
| Voyeurism | Secret watching, capturing private acts without consent. |
| Stalking | Repeated unwanted following/contact causing distress. |
| Punishment | Up to 3 years imprisonment, fine, or both under IPC. |
| Victim Rights | Courts protect dignity, privacy, and freedom of movement. |
| Technology | Use of digital tools to commit offences attracts enhanced scrutiny. |
VI. Conclusion
The Indian legal system recognizes voyeurism and stalking as serious offences affecting a person’s privacy and dignity. The legislature, empowered by judiciary’s interpretation, has imposed stringent punishments under Sections 354C and 354D IPC. Courts have also emphasized the psychological harm and social impact of these crimes, advocating for victim protection and swift justice.
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