The Bombay High Court on Saturday held that staring at a woman colleague’s body, while unethical, does not amount to the criminal offence of voyeurism under Indian law.
Justice Amit Borkar observed that such behaviour may be morally questionable but does not satisfy the legal requirements outlined in Section 354C of the Indian Penal Code (IPC), which specifically defines voyeurism.
Court Clarifies Scope of Voyeurism Law
Section 354C pertains to acts involving watching, capturing or sharing images of a woman engaged in a private act where she reasonably expects privacy. This includes situations such as exposure of intimate body parts, using a lavatory, or engaging in sexual acts not typically conducted in public. The court noted that merely staring in a workplace setting does not fall within this definition.
Based on this interpretation, the High Court quashed a First Information Report (FIR) lodged against an insurance company executive. It emphasised that legal provisions cannot be extended beyond their clear wording and that continuing proceedings in such a case would amount to misuse of the legal process.
FIR Quashed; Allegations Stemmed from Workplace Conduct
The complainant had alleged that during office meetings, the accused avoided eye contact, instead focusing on her body and making inappropriate remarks. However, the company’s Internal Complaints Committee (ICC) had earlier examined the matter and cleared the executive of wrongdoing.
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