Introduction- 

Nowadays, Despite the suffering that occurs when a woman is the victim of rape or other forms of sexual harassment, society still places the blame on the victim and not the offender. Many victims choose to remain silent rather than voice their complaints as a result.The Delhi gang rape case rocked all of India in 2012, sparking several demonstrations and indignation. At that time, a special committee called the Justice Verma Committee was established to look into the laws pertaining to women. The Criminal Law (Amendment) Bill, 2013, was introduced to change the current criminal law provisions with reference to enhancing the safety of women, according to the committee’s findings.There have been new offences include acid attacks, sexual harassment, voyeurism, and stalking. The Indian Penal Code now includes them. Voyeurism is the act of entering a victim’s private space without consent when the victim expects no one to be watching while committing the act. Generally speaking, a voyeur is a person who finds sexual fulfilment in secretly watching others undress or participate in sexual activity.People are now tightly connected through the internet and cell lines as we live in a digital age. A significant portion of individuals can easily use the internet, especially with the rise of smart phones and low internet pricing. There have also been several digital revolutions, such as Jio’s data revolution, which made the internet available to everyone. The IT (Information and Technology) ACT, 2000, which addresses different cyber offences, was enacted as a result of these quick changes.

 Details of the concept- 

Voyeurism can be defined as a fascination with watching unaware individuals strip, get naked, or engage in sexual activity. A voyeur is the individual doing the spying. They are commonly referred to as peeping toms.The fact that the person being seen is unaware they are being watched is a key component of voyeurism. Usually, the person is in a setting where they can expect some kind of privacy, like their house or another private space.

Feature Under IPC: (section 354C) Any man who witnesses or photographs a woman doing a private act in circumstances where she would typically expect to be unobserved by the offender or by anybody else acting at the perpetrator’s direction is guilty of voyeurism. The punishment for disseminating such an image is, on first conviction, imprisonment of either description for a term that must not be less than one year but may go as high as three years, and it may also result in a fine. On a second or subsequent conviction, the punishment is imprisonment of either description for a term that must not be less than three years but may go as high as seven years, and it may also result in a fine.

Explanations: For the purposes of this section, a “private act” is any sexual act that is not typically performed in public, is performed in a place where privacy is reasonably expected under the circumstances, and in which the victim’s genitalia, posterior, or breasts are exposed or covered only by knickers.The act of disseminating an image or act is deemed to be an offence under this provision when the victim gives her agreement to the act of being photographed but not to its distribution to third parties.

Anyone found guilty of this offence will be sentenced to either type of imprisonment for a term that must not be less than one year, but which may extend to three years, as well as a fine. On a second or subsequent conviction, they will receive either type of imprisonment for a term that must not be less than three years, but which may extend to seven years, as well as a fine.The second conviction after the first is not a second offence. The second or subsequent offence doesn’t start until the accused has already been punished once for the act. Any first-class magistrate may try this charge and set bail.

After a horrifying gang rape case involving a 23-year-old lady, the Justice Verma Committee was created, and as a result, the Criminal Law Amendment Bill, 2013, was enacted. The Committee’s study examines privacy in light of various legal systems where the right to privacy is viewed as a right to individual growth and autonomy that provides a place for interaction even in public areas. The group agreed that there was a need to reduce all sexual offenses, and they proposed that voyeurism be penalised by up to seven years in prison and stalking or persistent attempts to contact a person by any means by up to three years.. The Code of Criminal Procedure (1973), the Indian Evidence Act (1872), and the Protection of Children from Sexual Offenses Act all saw revisions that affected various portions of the Indian Penal Code (IPC). (2012). The Indian Penal Code now includes several new sections and new offences include sexual harassment, voyeurism. 

Conclusion- 

Despite the numerous legal measures put in place to hold those responsible for crimes against women accountable, incidents involving women—such as rape, outraging a woman’s modesty, sexual harassment, dowry deaths, etc.—are increasing rapidly.India is ranked 133 out of 167 countries and is not thought to be a safe place for women, according to the second report published in 2019 by Georgetown University’s Institute for Women, Peace and Security (GIWPS), which considers inclusion, justice, and safety of women as three main factors along with 11 sub indicators.The security of people also depends on their ability to maintain their privacy and protect their personal information. The felony classification of voyeurism, acid assaults, and stalking Every citizen has the fundamental right to life, which is a part of the right to privacy, which is the most basic of all rights. 

Case laws and refrences- 

R V Jarvis Information: Ryan Jarvis (Jarvis) taught high school English at London, Ontario’s Beal Secondary School for the Thames Valley District School Board. He used to instruct kids between the ages of 14 and 18 and was never the subject of any claims regarding his behaviour or his ability to educate. Without the students’ permission, Jarvis created recordings of himself filming female classmates using a pen with a camera built in.He was not given authority to do this by either the school nor the school board. When the coworker learned of this, he told the school’s principal, who then informed the police authorities, and it was discovered that there were 17 people involved. 30 active videos of various people There were 27 women enrolled in the school. The females’ chest regions were the main subject of the audio and video recordings. For engaging in voyeurism, Jarvis was charged under section 162(1) (c) of the Criminal Code of Canada. According to the section, it is unlawful to covertly observe—including through mechanical or electronic means—or make a visual recording of someone who is in a situation .

Judgement : The trial judge found that Jarvis’ actions were immoral and in violation of his duty to his profession. Jarvis was declared not guilty of the crime and was freed because the recording made for a sexual purpose of the test could not be satisfied.