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Showing contexts for: 354c in Satyabrata Barik @ Mithu vs The State Of West Bengal & Anr on 19 July, 2024Matching Fragments
1. Prayer for quashment of proceedings in connection with A.C.G.R. No. 7195 of 2016 presently pending before the Court of Ld. Judicial Magistrate, 6th Court, Alipore arising out of Haridevpur Police Station Case No. 715 of 2016 dated 24.12.2016 under Sections 354C/354D of the Indian Penal Code (for short IPC) has been sought in this instant revision application being no. CRR 1124 of 2018.
2. The prayer for speedy disposal of the proceeding in connection with that instant case which is pending before the Court of Ld. Judicial Magistrate, 6th Court, Alipore has been made by the petitioner in connection with CRR 4188 of 2017.
5. On receipt of such information Haridevpur P.S. started investigation and after completion of investigation filed charge sheet against the sole accused/petitioner under Section 354C/354D of the IPC. Thereafter, the petitioner surrendered and enlarged on bail.
6. Being aggrieved by and dissatisfied with the impugned proceedings in connection with the case at hand, the petitioner has preferred this revision application.
7. Arguments Advanced:-
20. Before delving into the merit of this case, I think it would be profitable to refer Sections 354C & 354D of the IPC which run as follows:-
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"354C. Voyeurism.- 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 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. Explanations
Takes Place in Public-
The alleged act must have taken place in some public place or institution. The provision aims to protect the modesty of women in public spheres.
22. Therefore, observing and photographing a women engaging in a private act will amount to an offence punishable under Section 354C of the IPC. Section 354C of the IPC intends to protect the modesty and decency of women and secure public order. It aims to create a safe environment for women in public places by penalizing acts that violate their modesty and instill fear in them. The provision should be interpreted broadly to advance its objectives.