Looking at female colleague’s body is not voyeurism: Bombay High Court gives key ruling

Mumbai (The Uttam Hindu News): The Bombay High Court has made an important observation in a workplace-related case involving women’s dignity.

The court said that staring at a female colleague’s body is certainly inappropriate and unethical behaviour, but it cannot be treated as the criminal offence of voyeurism under Indian law.

Justice Amit Borkar, while hearing the case, clarified that the scope of law cannot be expanded beyond its defined limits. The court noted that such behaviour may be morally wrong, but it does not fall under Section 354C of the Indian Penal Code.

Section 354C of the IPC defines voyeurism as watching or recording a woman in a private situation, such as while changing clothes, using a washroom, or during other private acts. The court explained that this law applies only in such private circumstances, not in workplace settings where a person is merely staring at someone.

The case involved an insurance company employee who was accused by a female colleague of staring at her during meetings and making inappropriate remarks. An FIR was registered based on her complaint.

However, the court also noted that the company’s Internal Complaints Committee (ICC) had already cleared the accused of the allegations. After reviewing all facts, the High Court said continuing criminal proceedings would be an abuse of the legal process.

Finally, the court quashed the FIR and ruled that “mere staring, even if uncomfortable, does not amount to voyeurism under Section 354C of IPC.”