Question

“A” and his girlfriend “P”, both adults, engage in consensual sexual intercourse in the privacy of the bedroom of the latter, and “A” with her consent, prepares a video clip on his mobile camera and later shows it in total privacy to his friend “X”. This amounts to?

• A. No offence
• B. Molestation
• C. Voyeurism
• D. Sexual harassment

Hint:

Voyeurism covers: 1. Watching. 2. Capturing images. 3. Disseminating those images. Consent to capture $\neq$ Consent to share.

Answer 1

The Correct Option is C

Concept: Criminal law protects the privacy and dignity of individuals, especially regarding intimate acts. Even if a recording is consensual, its further dissemination may not be.

• Section 354C (IPC) / Section 77 (BNS): These sections define the offense of Voyeurism.

• Expectation of Privacy: The core of the offense is the violation of a private act.

Step 1: Analyzing the lack of Consent for Distribution.
'P' consented to the

recording, but she did not consent to the

showing. Showing the video to 'X' is a breach of the expectation of privacy. Under the legal definition of Voyeurism, a person commits an offense if they disseminate or show a private image/video of a woman to another person without her permission, even if the woman initially consented to being recorded.

Step 2: Determining the Offence.
This act falls directly under the category of

Voyeurism. The privacy of 'P' was violated the moment the video was shared with 'X'. The law aims to prevent the "non-consensual sharing of intimate images," and Voyeurism is the specific legal umbrella for such violations of bodily privacy.