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Kerala High Court rules taking images of women in public not voyeurism

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 behaviour from two men.
The judgment came in the case filed by the complainant, Sindhu Vijaykumar. According to her, on May 3, 2022, the accused Ajith Pillai and another co-accused in the case took photographs of her in front of her house and made sexual gestures intended to insult her modesty. Pillai sought to quash charges of voyeurism and insult to modesty, arguing that the incident occurred in a public space, where voyeurism laws do not apply.
Justice A. Badharudeen presided over the case and emphasised 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.
“Watching or capturing the image of a woman engaged in a private act, where she expects not to be observed, is punishable,” the court stated. “However, if a woman appears in a public place without any expectation of privacy, capturing her image does not constitute 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.

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