The Kerala High Court stated that observing or taking pictures of women with exposed genitals or breasts, whether in public or private places where they usually expect privacy, will not be considered an offense under Section 354C of the IPC.

The Kerala High Court noted that if a woman is seen or photographed in a public or private area where she wouldn’t normally expect privacy, and if her genitals, buttocks, or breasts are exposed or only covered by underwear, it does not count as an offense under Section 354C of the IPC. The Court was reviewing a Criminal Miscellaneous Case filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which aimed to dismiss the Charge Sheet and all further actions in a case involving alleged violations of Sections 354C and 509 of the Indian Penal Code. Justice A Badharudeen remarked that if a woman is in a place where she usually appears publicly or privately, and someone sees or photographs her, it does not violate her privacy, and thus, no offense under Section 354C of the IPC would apply.

The Prosecution claimed violations under IPC Sections 354C and 509, alleging that the accused drove to the complainant’s home, took photos of her and her property, and made sexually suggestive gestures when confronted. It was specifically claimed that the first accused made an inappropriate gesture, while the second accused made another gesture with sexual intent, which offended the complainant’s modesty. The Court stated that observing or capturing an image of a woman engaged in a private act, where she would typically expect not to be seen, is punishable.

The Court concluded that the complainant was in front of her house without any expectation of privacy, as outlined in Section 354C of the IPC, and therefore, the offense did not apply. The Court subsequently approved the Petition.

Cause Title: Ajith Pillai v. State of Kerala (Neutral Citation: 2024:KER:78155)
Appearance:
Appellant: Advocates Sreekanth KM, TP Rashmy and Arjun T Pradeep
Respondent: PP MP Prasanth