If a woman is in a public building (like a hostel or office), she has no expectation of privacy, so filming her isn't voyeurism.

Courts have clarified that privacy depends on the specific situation, not just the location — a bathroom or changing room inside a public building can still carry a reasonable expectation of privacy.

If she agreed to be filmed or photographed, there's no crime even if the images are later shared.

Explanation 2 specifically makes unauthorized sharing a separate offense, even if the original capturing was consensual.

This law only covers hidden cameras planted by strangers.

It applies broadly to anyone — including partners, roommates, or acquaintances — who watches, films, or shares such images without consent in circumstances of expected privacy.

Bharatiya Nyaya Sanhita, 2023

Section 77

Voyeurism

Whoever 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 purposes 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.§

Why this exists

Voyeurism as a specific crime was first introduced into Indian law in 2013 (as IPC Section 354C) following the Justice Verma Committee's recommendations after the 2012 Delhi gang-rape case, which pushed for stronger laws against sexual offences including non-physical violations like secret filming and image-sharing. The rise of hidden cameras, smartphones, and easy image circulation made this a pressing concern. The Bharatiya Nyaya Sanhita, 2023 carries this offense forward, largely retaining the same wording and structure as the earlier IPC provision.

How courts read it

Because this provision is nearly identical to the earlier IPC Section 354C, courts interpreting that predecessor law have generally emphasized two elements: first, that the woman must have had a genuine 'reasonable expectation of privacy' in the specific circumstances (not merely being indoors), and second, that consent to being filmed does not extend to consent for the images being shared — so leaking or forwarding a photo taken with permission is treated as a separate violation. Courts have also treated 'dissemination' broadly, covering sharing through digital platforms and messaging apps.

Common misconceptions

Myth: If a woman is in a public building (like a hostel or office), she has no expectation of privacy, so filming her isn't voyeurism.
Fact: Courts have clarified that privacy depends on the specific situation, not just the location — a bathroom or changing room inside a public building can still carry a reasonable expectation of privacy.
Myth: If she agreed to be filmed or photographed, there's no crime even if the images are later shared.
Fact: Explanation 2 specifically makes unauthorized sharing a separate offense, even if the original capturing was consensual.
Myth: This law only covers hidden cameras planted by strangers.
Fact: It applies broadly to anyone — including partners, roommates, or acquaintances — who watches, films, or shares such images without consent in circumstances of expected privacy.