Top Court Clarifies Scope of Section 354C IPC on Voyeurism
04-Dec-2025
The Supreme Court has clarified that merely clicking photographs or recording videos of a woman without her consent does not automatically amount to the offence of voyeurism under Section 354C of the Indian Penal Code. The Court held that the act must involve capturing a woman engaged in a “private act” such as exposure of intimate parts, using a lavatory, or any sexual act where she would reasonably expect privacy.
A Bench of Justices N. Kotiswar Singh and Manmohan upheld the Calcutta High Court’s decision discharging the accused, observing that none of the allegations indicated the woman was performing any private act. Hence, the basic ingredients of Section 354C were not satisfied.
The Supreme Court examined an appeal filed by a man accused of restraining and intimidating the complainant and of taking her photos and videos without her consent. According to the FIR lodged on March 19, 2020, the complainant alleged that on the previous day, as she attempted to enter a property with her friend and some workers, the appellant accused stopped them from entering and intimidated them. She further claimed that he clicked her photographs and made videos on his mobile phone without her consent, intruding upon her privacy and outraging her modesty. Based on her allegations, the FIR included offences under Sections 341, 354C, and 506 IPC, and the police later filed a chargesheet on August 16, 2020. The Calcutta High Court quashed the criminal proceedings, holding that Section 354C IPC, which specifically deals with voyeurism, did not apply to the facts of the case. The complainant had not alleged that she was engaged in any private act at the time the photographs or videos were taken. The High Court observed that the allegations did not meet the statutory definition of voyeurism.
The Supreme Court endorsed this finding, explaining that Section 354C defines voyeurism as watching or capturing the image of a woman while she is engaged in a “private act” where she reasonably expects privacy. The provision’s Explanation further narrows the scope of “private act” to circumstances where a woman’s genitals, posterior, or breasts are exposed or covered only in underwear, or when she is using a lavatory, or performing a sexual act not ordinarily done in public. The Court emphasised that none of these ingredients were present in the complainant’s allegations. Since there was no assertion that she was performing a private act or was in a private space where she expected privacy, the offence of voyeurism was not attracted. The Bench concluded that the act of merely clicking photos or making videos, although improper or intimidating, did not by itself constitute an offence under Section 354C IPC.
Holding that the essential elements of voyeurism were completely absent, the Supreme Court ko allowed the appeal and discharged the accused.
Case Description
Cause Title: Tuhin Kumar Biswas @ Bumba vs. The State of West Bengal
Court: Supreme Court of India
Bench: Justice N. Kotiswar Singh & Justice Manmohan
Key Holding: Capturing a woman’s images or videos without consent does not constitute voyeurism under Section 354C IPC unless it involves recording her during a private act where she reasonably expects privacy.
This article cover the point of section 354 Vyorisim taking photo of a girl/women when she is not engaged in private act, if she is not exposing her private parts or she is at public place as the essential elements of the section dors not get attracted. further you can read here important judgements and legal principles laid down by Hon’ble supreme court of India, this article is posted by Advocate Shivaji Rathore (J&K high court jammu) for more important legal topics stay connected with us, on tacit legal we post on YouTube channel also named as Tacit Legal helpful for Law students newely enrolled Advocate in India and other states, Follow us on Instagram also, Read our articles on important Questions of Law. #tacitlegal visit my website Tacit Legal dot com and search on google, this website is made from Hostinger and wordpress follow our latest updates for legal news follow us on YouTube also for young lawyers law students helpful for Advocates, this blog is written by Advocate Shivaji Rathore practicing in Jammu and Kashmir high court and district court at Jammu. The website Tacit Legal is available on Google created with Hostinger and wordpress keep in touch and read our daily articles and reporting for law students and advocates as we provide you important legal information on Tacit Legal.in
