Section 354C IPC: Voyeurism

Indian Penal Code, 1860

Section 354C IPC at a Glance

Section 354C IPC deals with voyeurism. It is cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 77 BNS.

Punishment

Imprisonment of either description for not less than one year extending up to three years on first conviction; not less than three years extending up to seven years on a second or subsequent conviction.

Bail depends on the underlying offence ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ
BNS Equivalent

Section 77 →

Section 354C IPC Bare Act Text

354C. 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.

Explanation 1.—For the purpose of this section, “private act” includes an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy and where the victim's genitals, posterior or breasts are exposed or covered only in underwear; or the victim is using a lavatory; or the victim is doing a sexual act that is not of a kind ordinarily done in public.

Explanation 2.—Where the victim consents to the capture of the images or any act, but not to their dissemination to third persons and where such image or act is disseminated, such dissemination shall be considered an offence under this section.

Source: Section 354C, Indian Penal Code, 1860

Section 354C IPC in Simple Words

Section 354C of the Indian Penal Code (IPC) defines and punishes the offence of voyeurism. It penalises any man who watches or captures the image of a woman engaging in a private act in circumstances where she would usually expect not to be observed, or who disseminates such an image.

The section also covers cases where a woman consents to the capture of an image but not to its dissemination. A first conviction carries imprisonment of either description for a term not less than one year extending up to three years, and liability to fine.

A second or subsequent conviction carries imprisonment of either description for a term not less than three years extending up to seven years, and liability to fine. The offence is cognizable, non-compoundable, triable by any Magistrate, bailable on first conviction, and non-bailable on repeat conviction.

Ingredients of Section 354C IPC

  • The offender is a man and the victim is a woman
  • The woman was engaging in a private act under circumstances where she had a reasonable expectation of not being observed
  • The accused watched, captured an image of, or disseminated an image of the woman engaging in such private act, or disseminated an image captured with consent without her consent to its dissemination

Punishment Under Section 354C IPC

Imprisonment

Imprisonment of either description for not less than one year extending up to three years on first conviction; not less than three years extending up to seven years on a second or subsequent conviction.

Fine

The offender is also liable to fine in addition to imprisonment on both first and subsequent convictions.

Bail depends on the underlying offence ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ
  • Bailable: Bailable on first conviction; non-bailable on a second or subsequent conviction

Voyeurism carries imprisonment of not less than one year extending up to three years and liability to fine on first conviction, and imprisonment of not less than three years extending up to seven years and liability to fine on a second or subsequent conviction. Under the First Schedule to the CrPC, the offence is cognizable, triable by any Magistrate, non-compoundable, bailable on first conviction, and non-bailable on a second or subsequent conviction.

Example of Section 354C IPC

In November 2020, at a paying guest hostel in Guwahati, caretaker Arjun peered through a ventilation gap into a locked washroom while tenant Divya was using the lavatory, in circumstances where she usually had the expectation of not being observed. Arjun also used his mobile phone to photograph Divya during this private act and forwarded the photograph to his neighbour. Because Arjun, a man, watched, captured the image of, and disseminated the image of a woman engaging in a private act, Arjun is punishable under Section 354C IPC.

When Section 354C IPC Does Not Apply

  • Section 354C IPC does not apply when the person who watches, captures, or disseminates the image is not a man.
  • Section 354C IPC does not apply when the woman is in a place or situation where she would not usually have an expectation of privacy from observation.
  • Section 354C IPC does not apply when the woman is not engaging in a private act within the meaning of Explanation 1 to Section 354C IPC.
  • Section 354C IPC does not apply when the woman consents both to the capture of the image and to its dissemination to third persons.

Section 354C IPC in the BNS

Section 354C IPC is now covered under Section 77 BNS.

Section 354C IPC is succeeded by Section 77 BNS. Under the Bharatiya Nyaya Sanhita, the opening phrase Any man who is replaced by Whoever, making the offence applicable to an offender of any gender, while the victim remains a woman. In Explanation 1, the phrase for the purpose of this section is adjusted to for the purposes of this section. The two-tier punishment of imprisonment for not less than one year extending up to three years on first conviction, and not less than three years extending up to seven years on repeat conviction, along with liability to fine, remains unchanged in substance.

View detailed comparison (IPC 354C vs BNS 77) →

FAQs on Section 354C IPC

What conduct constitutes voyeurism under Section 354C IPC?▼

It penalises watching or capturing an image of a woman engaging in a private act where she has an expectation of privacy, or disseminating such an image.

What is the punishment for a first conviction under Section 354C IPC?▼

Imprisonment of either description for a term not less than one year extending up to three years, and the offender shall also be liable to fine.

What is the punishment for a second or subsequent conviction under Section 354C IPC?▼

Imprisonment of either description for a term not less than three years extending up to seven years, and the offender shall also be liable to fine.

What constitutes a private act under Section 354C IPC?▼

Under Explanation 1, a private act includes situations in a place reasonably expected to provide privacy where the genitals, posterior, or breasts are exposed or in underwear, using a lavatory, or sexual acts not done in public.

Does consent to taking a photograph permit sharing it under Section 354C IPC?▼

No; Explanation 2 specifies that where the victim consents to the capture of images but not to dissemination, sharing those images constitutes an offence.

Is an offence under Section 354C IPC bailable?▼

An offence under Section 354C IPC is bailable on a first conviction, but non-bailable on a second or subsequent conviction.

Which court conducts the trial for Section 354C IPC?▼

Under the First Schedule to the CrPC, any Magistrate may try the offence.

Where is Section 354C IPC placed in the Bharatiya Nyaya Sanhita?▼

In Section 77 BNS.

Have questions about Section 354C IPC?

Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 17 Oct 2026 ·