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Recorded secretly by someone? What can be done?

  • Nov 13, 2021
  • 3 min read

We live in an era where we feel to record or videotape, any or every interesting thing happening around us. Let us assume, that a lady went into a mall where she picks up some clothes and asks for a trial, then she went to the trial room and undressed where some hidden cameras were fixed over, and which captured her picture while taking the trial of the clothes, this act of secretly recording someone falls under the purview of Section 354C which is a punishable offence under the Indian Penal Code is termed as Voyeurism. Voyeurism: Any man who watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image, shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine. It is pertinent to mention that if the victim consents to the recording or capturing of the images or any act, but not to their distribution to any third person or persons and where such image or act is distributed without consent,such distribution shall be considered as an offence under this section. In India, everyone is guaranteed the Right to Privacy as a Fundamental Right, and subsequently, the right to protect themselves from distress, social harm, discomfort etc, including any disturbance in a person's privacy that affects their dignity, reputation, etc. What can be done in this situation? The victim may file an FIR in the nearest police station or online. In the case of offences like sexual harassment,voyeurism, stalking, rape etc. it is mandatory that the first information report must only be recorded by a woman officer. The sooner an FIR is registered after a crime is committed, the better. The information given in the FIR should be as detailed and clear as possible. This particular offence is bailable for the first conviction and non-bailable for the second conviction. You can call the women's helpline number "1091". Voyeurism is one of the most pervasive crimes, staring in the face of society at large. This particular offence and the remedy available for it is lesser-known amongst the public at large and the women in particular. If you come across any such content that has been circulated online without your knowledge or consent? Click on this link for more updates and solutions to this issue - https://www.thelegalcartel.com/post/what-to-do-if-someone-leaked-your-private-pictures-in-india Conclusion: One cannot stress enough the importance of being aware and mindful of the laws and regulations of the land, especially those that provide for the protection of women. Though India has come a long way, there is an immediate need for the State to deal with the issues of cybercrime, including but not limited to, voyeurism which undermines the autonomy of a victim and leaves the victim in a state of emotional trauma by harming their reputation. Having aptly drafted laws will not cover the gap unless and until the laws are implemented in an effective manner. It is rather odd that even after more than 70 years of freedom, an individual has to fight for their own liberation and personal space

 
 
 

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