Tuhin Kumar Biswas @ Bumba v. State of West Bengal, 2025
The Court stressed that “private act” has a very specific statutory meaning and cannot be expanded to cover all instances of photographing without consent.
Judgement Details
Court
Supreme Court of India
Date of Decision
4 December 2025
Judges
Justice N. Kotiswar Singh and Justice Manmohan
Citation
Acts / Provisions
Facts of the Case
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On 19 March 2020, the complainant filed an FIR alleging that on 18 March 2020, the appellant wrongfully restrained her and took her photographs and videos without her consent when she attempted to enter a property with her friend and workmen.
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She claimed that the act intruded upon her privacy and outraged her modesty.
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FIR was registered under Sections 341, 354C, 506 IPC.
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Police filed a chargesheet on 16 August 2020 for the same offences.
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The Calcutta High Court quashed the criminal proceedings, holding that the ingredients of Section 354C (voyeurism) were not made out because she was not engaged in a private act.
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The complainant appealed before the Supreme Court.
Issues
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Whether taking photos or making videos of a woman without consent constitutes “voyeurism” under Section 354C IPC when she is not engaged in a private act?
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Whether the allegations in the FIR and chargesheet disclose the essential ingredients of voyeurism?
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Whether the Calcutta High Court was correct in quashing the proceedings?
Judgement
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The Supreme Court upheld the Calcutta High Court’s decision and discharged the appellant.
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The Court held that Section 354C IPC is not attracted because the complainant was not involved in any “private act” as defined in the statute.
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The allegations did not show that she was in a situation where she expected privacy, nor was she doing anything listed under Explanation 1 (sexual act, using lavatory, exposed genitals/posterior/breasts, etc.).
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Therefore, the ingredients of voyeurism were absent, and prosecution under Section 354C could not continue.
Held
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The Appeal was allowed.
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Appellant discharged from the offence under Section 354C IPC.
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The act of clicking pictures/videos in a public setting, without more, does not constitute voyeurism.
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Courts and police must act as “initial filters” to prevent prosecutions with no reasonable prospect of conviction.
Analysis
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The Supreme Court adopted a strict, literal interpretation of Section 354C, emphasizing that the term voyeurism applies only when the woman is engaged in a “private act”, which carries a reasonable expectation of privacy.
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The Court stressed that “private act” has a very specific statutory meaning and cannot be expanded to cover all instances of photographing without consent.
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The complainant was in an open, non-private environment with workmen and a friend; the act therefore cannot intrude upon legally recognized privacy under Section 354C.
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The Court noted the absence of any allegation that the complainant was in a compromising, intimate, or privacy-expecting position.
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The judgment reinforces that not every unpleasant or unwanted act of photographing constitutes a criminal offence under the voyeurism provision.
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The Supreme Court supported the High Court’s decision to quash because the prosecution lacked the essential legal foundation and would not result in conviction.
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The Court reiterated an important principle: police and courts must screen out baseless prosecutions early to prevent misuse of criminal law and undue harassment.
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The ruling clarifies the scope and limits of Section 354C IPC to avoid criminalizing conduct that does not meet statutory requirements.
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The decision fine-tunes the jurisprudence on privacy-related offences by drawing a clear distinction between privacy in public spaces vs. privacy in intimate settings.
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The Court implicitly warns against overbroad interpretation of sexual or gender-protective offences, maintaining a balance between protection of women and preventing misuse.