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SECTION 354C IPC - Indian Penal Code - Voyeurism <sup>1</sup>


Last Updated: 01 Oct, 2024
By Advocate Chikirsha Mohanty


As per new Indian Criminal law, IPC Section 354C has been replaced with BNS Section 77 with effect from July 1, 2024.

Please refer to BNS 77 for updated procedures & punishments.

Table of Contents
  1. IPC 354C in Simple Words
Any man who watches, or captures the image of a woman engaging 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 disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.



Explanations

  1. For the purpose of this section, “private act” includes an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy and where the victim’s genitals, posterior or breasts are exposed or covered only in underwear; or the victim is using a lavatory; or the victim is doing a sexual act that is not of a kind ordinarily done in public.
  2. Where the victim consents to the capture of the images or any act, but not to their dissemination to third persons and where such image or act is disseminated, such dissemination shall be considered an offence under this section.


IPC 354C in Simple Words

According to section 354C of the Indian Penal Code, any man who watches, captures images of a woman's private act, or disseminates such images without her consent, can be imprisoned for one to three years on first conviction and three to seven years on subsequent convictions, along with a fine. "Private act" includes acts in a place with reasonable privacy and involving exposure of genitals, posterior, or breasts, or acts not done ordinarily in public.


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Frequently Asked Questions


Is 354 bailable or non bailable?

IPC 354 is not a bailable offence. This means that an accused person cannot be released from jail without permission from the court. This offence is punishable by imprisonment of up two years, or imprisonment of up seven years. It can also be punished with a fine.


What is Section 354D of the IPC?

The penalties for stalking under Section 354D are: First conviction: On the first conviction, the offender can be punished by simple or grievous prison for a period that can extend up to three years, and also liable for a fine. 21 Oct 2023