New Delhi: The Supreme Court has said that taking photos or videos of a woman without her consent does not automatically amount to sexual violence. The court made this observation while reviewing a case from West Bengal in which a man was accused of recording a woman and threatening her.
A bench led by Justices N Kotishwar Singh and Manmohan explained that the law on voyeurism under Section 354C of the Indian Penal Code applies only when a woman is engaged in a private act. According to the court, a private act refers to situations where a woman expects privacy, such as changing clothes, using a restroom or being in a space where others are not allowed to watch.
Since the complaint in the case did not mention any such private activity, the court ruled that the offence of voyeurism did not apply. The bench also stated that courts and investigating officers should carefully examine allegations before filing serious charges.
However, the court clarified that taking photos or videos without permission can still be wrong in other ways. If such material is used for harassment or intimidation, other legal provisions could apply. The court said misuse of privacy or sharing such content without consent remains a punishable offence under different sections of the law.
Legal experts say the ruling brings clarity to how voyeurism is defined and interpreted. Some welcome the decision as necessary to prevent misuse of laws, while others believe stronger protections are needed as technology makes recording and sharing easier.
The Supreme Court also reminded authorities that filing weak or vague charges harms the justice system and delays cases involving serious crimes.
The ruling may now influence how future cases involving unauthorized recording of women are handled, especially when incidents occur in public places.