Legal Consequences of Voyeurism: What Offenders Face

The act of observing or recording someone engaging in a private activity without their knowledge or consent, with the intention of sexual gratification. Voyeurism involves secretly observing or recording someone in a private or intimate setting without their consent. It is considered a serious invasion of privacy and is addressed under various legal provisions in India.

Types of Voyeurism: 

• Physical Surveillance: Directly watching someone in a private setting.

• Recording: Using devices to capture images or videos of someone without their knowledge.

Key Elements: 

1. Intention: The act must be done with the intent of sexual gratification or voyeuristic pleasure.

2. Lack of Consent: The victim must not have consented to be observed or recorded.

3. Expectation of Privacy: The act must occur in a situation where the victim has a reasonable expectation of privacy.

Punishment : The punishment for voyeurism under Section 77 BNS includes imprisonment for up to 3 years for the first conviction and up to 7 years for subsequent convictions. And Fines may also be imposed alongside imprisonment.

Legal Recourse: 

• Filing a Complaint: Victims can file a complaint with the police, who will investigate the matter.

• Evidence Collection: Collecting evidence, such as recordings or witness statements, is crucial for prosecution.

Trial Procedure:

1. FIR Registration:  An FIR is filed with the police to start the investigation.

2. Investigation: Police gather evidence and question witnesses.

3. Charge Sheet: The police submit a charge sheet to the court detailing the evidence against the accused.

4. Court Proceedings: The accused faces trial where both sides present evidence.