What action if a male person secretly takes photograph of a female?

[Anonymous]

If a male person secretly takes photograph of a female person through his mobile phone without seeking permission or without informing her, what legal action can be taken against him? Is it a serious offence?

[Dr. Ashok Dhamija]

Depending on facts, it may amount to offence under Section 509 IPC (Word, gesture or act intended to insult the modesty of a woman), 354-C IPC (Voyeurism), 354-D IPC (Stalking).

Depending on the facts of the case, it may even amount to an offence under Section 66-E (Punishment for violation of privacy) of the Information Technology Act.

Or, depending on facts, if it is a completely innocent act without any guilty intention, it may amount to no offence at all, even though it may be an act against decency and may be a discourteous act.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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