Abstract
The cyber era is evolving rapidly due to continuous technological advancements, which, while revolutionary, have also created loopholes in legal and administrative systems. One of the more complex and emerging challenges is cyber voyeurism—an online variation of traditional voyeuristic behavior—where individuals observe, record, and disseminate private acts without the subject’s consent. These behaviors raise serious concerns regarding consent, digital privacy, and the scope of current legal frameworks.
Unlike conventional crimes, cyber voyeurism often transcends borders, making it difficult to prosecute due to jurisdictional conflicts. Provisions under India’s Information Technology Act, 2000, and the newly introduced Bharatiya Nyaya Sanhita, 2023 (which replaces Section 354C of the IPC with Section 76), attempt to address this rising threat. However, enforcement remains inconsistent, especially when compared to stricter international regimes in countries like the United States, the United Kingdom, and Canada.
This paper examines the legal, ethical, and technological dimensions of cyber voyeurism, explores its rapid evolution in the digital age, and analyzes India’s response in contrast with global approaches. It argues for stronger enforcement, technological monitoring, and public awareness to ensure data dignity and personal privacy in an increasingly interconnected world.
Introduction
In today’s fast-paced digital age, technology has significantly influenced how individuals communicate, conduct business, and access information. While these innovations offer immense advantages, they also give rise to critical concerns about privacy and cybersecurity, particularly within increasingly interconnected and vulnerable digital ecosystems.
The emergence of sophisticated cyber threats such as phishing, malware, data breaches, and surveillance has highlighted the fragility of online privacy. Among these threats, cyber voyeurism—defined as the non-consensual observation, recording, or dissemination of private or intimate acts—has become a pressing issue. With the increasing use of smartphones, online platforms, and cloud-based services, acts of voyeurism have transitioned from physical spaces into the virtual world, making detection and enforcement far more challenging.
What makes cyber voyeurism even more complex is that many of the individuals engaging in such acts do not carry prior criminal backgrounds, blurring the lines between impulsive digital behavior and criminal intent. These actions, however, lead to severe ethical violations and psychological trauma for victims—primarily women and minors—whose images and private lives are often shared without consent.
This paper seeks to examine the multi-dimensional implications of cyber voyeurism by:
- Analyzing the effectiveness of current Indian legislation, especially under the Information Technology Act, 2000, and the newly enacted Bharatiya Nyaya Sanhita, 2023
- Assessing technological challenges that law enforcement agencies face
- Comparing India’s legal framework with global approaches in countries such as the United States, UK, and Canada
Through this exploration, the study aims to offer practical suggestions to strengthen India’s digital legal environment and propose reforms that uphold privacy and human dignity in the cyber sphere.
Background
The widespread incorporation of technology into our everyday existence has initiated a period of unparalleled interconnectedness and ease, revolutionizing our methods of interaction, transaction, and communication. The advent of the digital era, marked by the extensive integration of online platforms, cloud computing, and Internet of Things (IoT) devices, has unquestionably yielded significant advantages. Nevertheless, the swift process of converting information into digital form has concurrently resulted in a variety of cybersecurity obstacles, requiring a thorough analysis of the changing environment.
With the growing dependence of the global economy on digital infrastructure, cyber-attacks have gotten more advanced, taking advantage of weaknesses in software, networks, and human actions. The susceptibility of personal information and business data has been emphasized by prominent data breaches and cyberattacks that specifically target individuals and organizations. The interconnectivity of our digital ecosystem implies that a breach in one area might result in a series of consequences, affecting individuals, corporations, and even national security.
To address the increasing cyber dangers, governments, organizations, and individuals have adopted many cybersecurity solutions to protect valuable information. The measures consist of a broad range of security techniques, such as encryption protocols, firewalls, intrusion detection systems, and multifactor authentication. Furthermore, laws and global treaties have been established to govern the gathering, retention, and exchange of personal information, with the goal of finding a middle ground between progress and confidentiality.
Notwithstanding these endeavors, cyber dangers endure and develop, presenting difficulties to the efficacy of current cybersecurity strategies. Moreover, the conflict between the necessity to safeguard digital environments and the preservation of individual private rights gives rise to intricate ethical and legal inquiries. Given the ongoing progress in technology, it is crucial to reevaluate and modify cybersecurity protocols to effectively counter new risks, all while safeguarding the essential entitlement to privacy.
Definition
Voyeurism refers to the act of deriving sexual gratification or fulfilment by witnessing individuals who are unclothed, engaging in sexual acts, or participating in private and intimate circumstances. Voyeurism frequently entails surreptitiously observing people without their awareness or agreement and is commonly linked to an individual’s inclination to derive sexual stimulation from being an unseen witness to someone else’s intimate moments.
Voyeurism can take on diverse manifestations, encompassing activities such as surreptitiously observing individuals in person, peering through windows, or employing technological means such as concealed cameras or unauthorized intrusion into private digital content. Voyeurism, in a larger sense, encompasses the act of covertly seeing others without their knowledge in many situations, however it is mostly linked to sexual satisfaction. The legal definitions and ramifications of voyeurism may differ depending on the country.
Provision of Voyeurism in India
According to the Bharatiya Nyaya Sanhita section-76, anybody who witnesses or records a woman participating in a private activity in which she typically expects not to be observed by the offender or by another person acting on the offender’s behalf, or who distributes such an image, faces punishment. For a first offense, this punishment carries a term of imprisonment of one year, with the possibility of an extension to three years, as well as a fine. For a second or subsequent offense, it carries a sentence of imprisonment of one year, with the possibility of an extension to seven years, as well as a fine.
Explanation 1: For the purposes of this section, a “private act” is any act of watching that is performed in an environment where it would be reasonable to expect privacy and in which the victim is either using a restroom, performing a sexual act that is not typically performed in public, or having their genitalia, posterior, or breasts exposed or only covered in underwear.
Explanation 2: In situations where the victim gives permission for photos to be taken or for any act to be performed, but not for those actions to be shared with outside parties, the distribution of those images or acts will be deemed unlawful under this section.[1]
According to Section 66E of the IT Act, 2000, Penalties for Privacy Violators: Anybody who, willfully or negligently, takes, prints, or sends an image of another person’s private area without that person’s consent, in a way that violates that person’s privacy, faces up to three years in prison, a fine of up to two lakh rupees, or both.
Clarification for this Section
- Transmit denotes sending a visual image electronically with the intention that it be viewed by one or more people.
- Capture denotes using any method to videotape, photograph, film, or record an image.
- Private area refers to a person’s nude or underwear-clad genitalia, buttocks, or female breast.
- Publishes refers to making a reproduction in print or electronic form available to the general public.
- Under circumstances violating privacy refers to situations in which an individual could reasonably expect that, regardless of whether they are in a public or private setting, they could undress in privacy without worrying that a picture of their private area would be taken; or that any portion of their private area would not be visible to the public.
Section 67 of the IT Act, 2000
This section talks about the punishment for publishing or transmitting obscene material in electronic form.
If someone publishes, transmits, or causes to be published in electronic form any material that is lewd, appeals to lustful interests, or has the effect of appealing to depraved and corrupt individuals who are likely, considering all relevant circumstances, to read, see, or hear the matter contained or embodied in it, they will be punished.
On a second or subsequent conviction, the punishment includes imprisonment of up to three years and a fine of up to ten lakh rupees.
Section 67A of the IT Act, 2000
This section prescribes punishment for publishing or transmitting material containing sexually explicit acts in electronic form.
Similar to Section 67, any individual who publishes, transmits, or causes such material to be published, and is found guilty a second time, will be punished with imprisonment up to three years and a fine of up to ten lakh rupees.
Exception
No book, pamphlet, paper, writing, drawing, painting, representation, or figure in electronic form is covered by this section or section 67 if:
- Its publication is demonstrated to be in the public interest; or
- It is kept or used legitimately for religious purposes.
Case Laws on Cyber Voyeurism
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Shivam Sharma v. State of Madhya Pradesh
In CRR-448-2022, the Madhya Pradesh High Court affirmed that the victim is legally protected under Section 354-C of the Indian Penal Code (IPC).
According to Explanation 2 of Section 354-C, if the victim consents to having photographs or acts captured but not shared, and those images are subsequently shared, it constitutes a violation of this section.
The petitioner, aged 16, claimed persistent harassment by the applicant, who proposed marriage and threatened harm upon rejection. While accompanying her sister to a temple, the applicant stared at her, sent threatening messages, and threatened to release her images on social media if she didn’t comply with his demands.
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State vs. Shailesh (2019)
Justice Susheel Bala Dagar observed that voyeurism is a perverse pleasure that causes psychological harm to women. Such actions violate a woman’s right to privacy and create fear in environments where they should feel safe.
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Shivprasad Sajjan vs. State (2005)
In this case, a Karnataka court delivered its first conviction under Section 67 of the IT Act, 2000. The petitioner, a software engineer, was convicted for sending obscene emails and images from a cyber café.
He later became an advocate to represent himself. Upon conviction, he was sentenced to two years in prison and fined twenty-five thousand rupees.
Digital Evolution of Cyber Voyeurism
The development of voyeurism in the digital era is intricately linked to technological breakthroughs, shifts in societal standards, and the widespread availability of online platforms. The advent of the digital era has enabled novel means for individuals to surveil others, frequently causing a fusion of boundaries between public and private domains.
Below is a summary of the transformation of voyeurism in the digital age:
- Surveillance Technology: The increased accessibility and cost-effectiveness of surveillance equipment, such as inconspicuous miniature cameras, have facilitated the participation of individuals in voyeuristic behaviors. Covert surveillance can be conducted without agreement by strategically positioning concealed cameras in a wide range of settings, including both public and private regions.
- Internet and Social Media: The advent of the internet and social media platforms has revolutionized the manner in which individuals disseminate and access knowledge. Social media sites offer a carefully selected glimpse into people’s lives, and certain users may indulge in voyeuristic tendencies by closely examining the intimate content shared by others.
- Online Streaming and Content Sharing: The ubiquity of online streaming platforms and content-sharing websites has led to the emergence of a novel type of voyeurism. Some people choose to publicly share their life in real-time by live streaming, which allows others to witness personal moments, occasionally with the streamer’s permission, but not always.
- Cybersecurity Threats and Hacking: The advent of the digital era has also seen a surge in cybersecurity vulnerabilities, such as hacking and unauthorized intrusion into private digital domains. Trespassers may acquire entry to personal devices, cameras, or cloud accounts, resulting in occurrences of non-consensual voyeurism.
- Virtual Reality (VR) and Augmented Reality (AR): Virtual reality and augmented reality are innovative technologies that have the capacity to reinvent voyeuristic encounters. VR has the ability to generate very immersive worlds, which gives rise to ethical considerations around privacy, since users may potentially participate in simulated voyeuristic actions.
- Retributive Pornography and Involuntary Dissemination: Regrettably, the advent of the digital era has witnessed the emergence of revenge porn, which entails the unauthorized dissemination of private photos or videos of individuals. Engaging in the act of sharing without consent might result in significant emotional and legal ramifications.
- Legal and Ethical Considerations: With the evolution of voyeuristic actions in the digital era, the significance of legal and ethical problems becomes more pronounced. Various jurisdictions globally are modifying their legal frameworks to tackle concerns such as the dissemination of private content without consent, online voyeurism, and unauthorized entry into personal digital domains.
Anti-Voyeurism Law in Other Countries
Canada
Under Canadian law, individuals who engage in the publication, printing, circulation, distribution, or sale of recordings with knowledge that they were obtained through voyeuristic conduct are subject to punishment. If a comparable provision were incorporated into Indian law, YouTube and other video streaming platforms would become legally responsible for the act of voyeurism. This measure would have effectively influenced these websites to implement content monitoring and filtering systems in order to prevent any potential penalties.
United States of America
The legislation regarding voyeurism in the United States is comparable to that in Canada.
Nevertheless, the United States maintains a Sex Offenders Register. While Canada, New Zealand, Australia, and other countries have similar systems, the distinctive feature of the United States is that its Register is openly accessible to the public. Individuals may experience apprehension about being rejected by society if their names are documented in the register.
England
In England, under the Sexual Offences Act of 2003, a person can be punished for both watching and recording private acts of others, as well as for simply installing equipment or modifying objects with the intention of facilitating such an offence. Additionally, this provision is also absent in Indian legislation. For example, one cannot face punishment just for the act of installing a camera or electronic device, unless and until evidence of a video or image being recorded with such device is discovered.
Under English law, it is considered a severe offence to videotape one’s own sexual intercourse with a female partner without her agreement or knowledge, even if it is intended for private viewing. In a separate English case, despite the absence of any evidence indicating the dissemination of the recorded footage, the offender received a nine-month prison sentence.
When comparing the laws in India to those of the US, UK, and Canada, it becomes apparent that Indian laws do not explicitly classify websites such as YouTube or other streaming platforms as illegal for hosting voyeuristic videos obtained through the use of spy cameras or hidden cameras in places like hotels, hostels, or washrooms. Implementing stricter legislation in this area could effectively compel such websites to meticulously screen their content and prohibit sexually explicit material.
In addition to legislative modifications and stricter enforcement, combating cyber voyeurism can be achieved by using straightforward and cost-effective measures, such as organising awareness camps and lectures.
Conclusion
When studying the development of voyeurism in the digital era, it is crucial to recognize that the dynamics of this phenomenon go beyond national boundaries. An analysis of voyeuristic behaviors in India in comparison to other nations offers significant insights into the worldwide issues and diverse measures taken to tackle this intricate problem.
The ubiquity of surveillance technologies, online streaming, and excessive sharing on social media is not exclusive to India but is evident in several cultural settings. The advent of the digital revolution has given rise to a collective worldwide encounter, wherein individuals grapple with the difficulties posed by technology-induced voyeurism. Nevertheless, the approaches to these difficulties vary considerably depending on legislative frameworks, cultural norms, and society views.
Nations such as the United States, Canada, and European countries have enacted rigorous legislation to combat cyber voyeurism, revenge porn, and unauthorized intrusion into private digital domains. The legal framework in these jurisdictions frequently demonstrates a proactive approach in adjusting to technology progress and protecting persons from privacy infringements. Comparative study indicates that although India has achieved significant progress in this area, there may be differences in the extent of enforcement, awareness, and legal effectiveness.
Cultural subtleties are of utmost importance in influencing societal views towards voyeuristic behaviors. In countries that priorities individualism, there is often a greater focus on personal autonomy and privacy, resulting in stronger legal safeguards. Conversely, collectivist cultures may struggle to achieve a nuanced equilibrium between communal values and individual liberties.
The swift assimilation of developing technologies, such as virtual reality and augmented reality, poses a common obstacle on a worldwide scale. As new technologies cross national boundaries, it is crucial for countries to work together on ethical guidelines, guaranteeing that the changing realm of digital surveillance is addressed with a unified approach of responsible advancement and protective measures.
Ultimately, this study underscores the necessity of a sophisticated, worldwide dialogue around voyeurism in the era of digital technology. India can enhance its strategy to effectively tackle the difficulties presented by advancing technologies by studying the experiences and legislative frameworks of other countries.
An integrated endeavor, taking into account cultural variety and mutual technological progress, will be crucial in promoting a digital atmosphere that respects personal privacy and ethical principles across international borders. In order to responsibly advance technology and address developing concerns associated to voyeuristic habits, it is crucial for us to adopt a collaborative and well-informed global strategy as we explore the unexplored realms of the digital frontier.
End Notes:
- Bharatiya Nyaya Sanhita, Section-76
- IT Act, 2000, Section-66E
- IT Act, 2000, Section – 67
- IT Act, 2000, Section 67A
- Shivam Sharma Vs. State of MP and another, CRR-448-2022, In THE HIGH COURT OF MADHYA PRADESH
- State (Govt. Of Delhi) v. Shailesh Kumar, CRL.A. 1025/2018, Del. HC
- Shivprasad Sajjan versus. State of Karnataka, Criminal Appeal No. 1911/2018
- Hatch, L., ‘Voyeurism: What it is and What it isn’t’, Psych Central, available at
http://blogs.psychcentral.com/sex-addiction/2014/08/voyeurism-what-it-is-and-what-it-isnt/ - Video Voyeurism Prevention Act, 2004.
- ‘Studies question effectiveness of sex offender laws’, Science Daily (30 August 2011).
- Sexual Offences Act 2003, England, S. 67.
- R v. Wilkins, Inner London Crown Court (2010).
