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santhosha shetty   11 December 2019

compoundable or not

section 354c is compoundable or not compoundable


Learning

 3 Replies

Neha Mantri   24 December 2020

Hello sir,

Section 345C of IPC (Voyeurism) is a non-compoundable offence. 

175B083 Mahesh P S   26 December 2020

Hello,

As per section 354c(Voyeurism) of the IPC, any man who 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 descriptttion 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 descriptttion 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. It is not compoundable.

 

Thank you

Ankur Srivastava   02 February 2021

Hello There,

If we go through the section it says "Any man who watches, or catches the picture of a lady participating in a private demonstration in conditions where she would normally have the assumption for not being noticed either by the culprit or by some other individual at the command of the culprit or spreads such image will be rebuffed on first conviction with detainment of one or the other depiction for a term which will not be short of what one year, however which may reach out to three years, and will likewise be obligated to fine, and be rebuffed on a second or resulting conviction, with detainment of one or the other portrayal for a term which will not be under three years, yet which may stretch out to seven years, and will likewise be at risk to fine."

Lets take some explanation- With the end goal of this part, "private act" incorporates a demonstration of watching did in a spot which, in the conditions, would sensibly be required to give security and where the casualty's privates, back or bosoms are uncovered or canvassed distinctly in clothing; or the casualty is utilizing a restroom; or the casualty is doing a s*xual demonstration that isn't of a sort usually done in broad daylight.

Some additional point- Where the casualty agrees to the catch of the pictures or any demonstration, however not to their scattering to third people and where such picture or act is spread, such dispersal will be viewed as an offense under this part.

This offence is not listed compoundable offences under section 320 IPC so it will be come under Non Compoundable offence. This offence has a conviction of 1 to 3 years for first conviction and can be increased in second conviction upto 7 years. It is a cognizable offence and the trial of this offence can be done by "Any Magistrate". Hence it is bailable and non bailable.

 


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