BACK TO SECTIONS(2017) 10 SCC 1
Bailable (1st); Non-Bailable (2nd)Cognizable: CognizableMagistrate First Class
THE STATUTE
Original Text
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...
Simplified
Section 354C was introduced in 2013 to address hidden camera culture and digital privacy violations. It protects women's reasonable expectation of privacy in spaces like changing rooms, bathrooms, and hotel rooms. Covers two acts: watching (real-time voyeurism) and capturing/disseminating images. The provision does not require nudity — a woman in a changing room, even if partially clothed, has a reasonable expectation of privacy that this section protects.
Legal Evolution
Section 354C on voyeurism was inserted by the Criminal Law Amendment Act 2013, creating India's first explicit statutory offence against non-consensual viewing and recording of private acts. Before 2013, such conduct was addressed only imperfectly under general provisions on outraging modesty. The provision reflects the Justice Verma Committee's recognition of technology-facilitated sexual harassment as a distinct category requiring specific criminalization, particularly relevant in the era of smartphones and hidden cameras.
Landmark Precedents
K.S. Puttaswamy v. Union of India (2017)
RELEVANCE
Nine-judge bench recognised privacy as a fundamental right under Article 21 — Section 354C (voyeurism) directly operationalises this constitutional right in criminal law.
Practical Scenarios
"Installing a hidden camera in a hotel room or trial room — Section 354C."
"Recording and sharing intimate images without consent — Section 354C."
Common Queries
No — the law applies to 'private acts' where she has a reasonable expectation of privacy, regardless of clothing.