KOCHI: The Kerala High Court has ruled that taking photos of a woman standing in front of her house, without any attempt at secrecy, does not constitute voyeurism. The ruling, delivered by Justice A. Badharudeen, came while quashing a case filed under Section 354C of the IPC against Ajith Pillai of Ernakulam. Pillai was the petitioner and had been accused in a case registered by the North Paravoor police in Ernakulam.
The prosecution alleged that on May 3, 2022, while the woman was standing in front of her house, the first and second accused arrived in a car and took photographs of her and her house. When she stopped and questioned them, they allegedly made gestures with sexual overtures.
The petitioner’s counsel argued that the woman, who was the Secretary of the Nandyattukunnam Sree Subrahmania Swamy Temple committee, had been questioned by the petitioner about her actions. The counsel claimed that the case had been fabricated as a result. “If a woman appears in a public or private place where she would not typically expect privacy, any person who either sees or captures her image in such a situation does not violate her privacy, and no offence under Section 354C (voyeurism) would apply,” the court said.