Kerala High Court ruled that taking images of women in public spaces does not constitute voyeurism, clarifying that such actions only apply when privacy is reasonably expected. The decision arose from a case involving a man, accused of photographing a woman outside her home while making inappropriate gestures.
Kerala High Court has clarified the boundaries of voyeurism according to law, stating that capturing images of women in public areas, where they would not reasonably expect privacy, does not constitute an offence under Section 354C of the Indian Penal Code (IPC), which concerns voyeurism. This ruling emerged from the case of Ajith Pillai v. State of Kerala, addressing allegations made by a woman regarding inappropriate behavior from two men.
Justice A. Badharudeen presided over the case and emphasized that voyeurism applies only when a woman is engaged in a private act and has a reasonable expectation of privacy, such as in a bathroom or during a sexual encounter. The court noted that since the alleged incident occurred outside the complainant’s home, it could not be classified as voyeurism.
Consequently, the court quashed the voyeurism charge against Pillai but allowed the prosecution to proceed under Section 509, which addresses actions intended to insult a woman’s modesty. Additionally, the court noted that the alleged actions could also fall under IPC Section 354A, concerning sexual harassment.
Author: VS NEWS DESK
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