VOYERUISM AND STALKING LAWS IN INDIA

Category: Criminal Law
Blog Post Image
「 ✦ Content ✦ 」

Section 78 of Bharatiya Nyaya Sanhita corresponding to section 354 ( d) of the Indian Penal code defines and prescribe the punishment of the offences Stalking. Voyeurism is defined under section 77 of the Bharatiya Nyaya Sanhita corresponding to Section 354 (c) of Indian Penal code. These sections also defines the punishment for the offences. There Article also provides the landmark judgements which states that these offences are  serious and mental trauma crimes against women.

KEYWORDS: Stalking , Voyeurism, Offences 


INTRODUCTION 

Stalking and Voyeurism are the most threatening offences against women. Voyeurism is an act of watching a woman while doing her private act while Staking means following. The crime of Stalking and Voyeurism can become grave concern in the society. After the Delhi gang rape case, Justice Verma Committee was formed to look towards the offences against women. Justice Verma Committee had many amendments for the protection of the offences against women. These included the new offences of Stalking and Voyeurism. 


VOYEURISM 

Voyeurism is an act of watching a woman while doing her private act. Voyeurism is defined under section 77 of the Bharatiya Nyaya Sanhita corresponding to Section 354 (c) of Indian Penal code. These sections also defines the punishment for the offences. 

Whoever watches or capture the image of a woman when she is engaged in a Private act and the circumstances are such that she by the perpetrators or any other person at the behest of the perpetrators or disseminates such image commits the offence of Voyeurism. 


PUNISHMENT 

  • If the Accused is 1st time offender then the imprisonment of not less than 1 year but may be extended to 3 years and fine.

  • If the Accused is subsequent offender then the imprisonment is not less than 7 years and fine.


STALKING 

Staking means following. If a man follows a woman in spite of her disinterest is the offence of Stalking. Section 78 of Bharatiya Nyaya Sanhita corresponding to section 354 ( d) of the Indian Penal code defines and prescribe the punishment of the offences of Stalking.

 Any man who follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or monitors the use by a woman of the internet, e-mail or any other form of electronic communication, commits the offence of stalking 


PUNISHMENT 

  • If the Accused is 1st time offender then the imprisonment which may extend to 3 years and fine 

  • If the Accused is subsequent offender then the imprisonment may extend to 5 years and fine. 

LEGAL STATUES

  • INDIAN PENAL CODE , 1860

  • BHARATIYA NYAYA SANHITA, 2023


LEGAL PROVISIONS 

  • Section 77 of the Bharatiya Nyaya Sanhita corresponding to Section 354 (c) of Indian Penal code which States that  Whoever watches or capture the image of a woman when she is engaged in a Private act and the circumstances are such that she by the perpetrators or any other person at the behest of the perpetrators or disseminates such image commits the offence of Voyeurism. 

  • Section 78 of Bharatiya Nyaya Sanhita corresponding to section 354 ( d) of the Indian Penal code states  Any man who follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or monitors the use by a woman of the internet, e-mail or any other form of electronic communication, commits the offence of stalking 




LANDMARK JUDGEMENT 

 State v. Shailesh

This is a landmark judgement in which Justice Susheel Bala Dagar held that voyeurism is a ridiculous type of enjoyment for men whereas it causes mental trauma to women. Such acts infringe the Right to privacy of women and she feels unsafe in the places which are generally meant to be safe for women.


Police v. S. Samuthira

This is landmark judgement in which in In 2012, the Supreme Court  set out eight guidelines to curb eve teasing. The Court discussed the importance of taking up grievances of victim and bystander for eve teasing in public places such as public transportation, educational institutions, cinema theaters, etc.


CONCLUSION 

To conclude the crime rate of offence of Voyeurism and Stalking are increasing. A proper procedure of punishment must be formulated for the offences of Voyeurism and Stalking . Stringent punishments must be implemented strictly. Judiciary and Legislature must work hand in hand to reduce the challenges faced by the Voyeurism and Stalking victims.


OLQ is a Pan-India basis law firm connecting legal expertise nationwide.

WRITTEN BY: PRATIKSHA SWAIN

GUIDED BY: ADVOCATE ANIK


Rounded Image

Submit Comment