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In State of Punjab vs Major Singh [AIR 1967 SC 63: 1967 CrLJ 1]
it has been held that “The supreme Court, in interpreting the words
used in sec. 354, observed : The essence of a woman’s modesty is
her sex. The modesty of an adult female is writ large on her body.
Young or old, intelligent or imbecile, awake or sleeping the woman
possesses a modesty capable of being outraged”.
In this present case the accused insulted the modesty of P.W. 1
by uploading her nude videos in the virtual world thus exhibited it and
when P.W. 1 came to know about it she even had seen her videos in
the virtual world and identified it and hence this court is of the view
that the prosecution has proved the offence u/s 509 of IPC beyond the
shadow of all reasonable doubts.
Section 66 E of the Information Technology Act states Punishment for violation of privacy - Whoever, intentionally or
knowingly captures, publishes or transmits the image of a private
area of any person without his or her consent, under circumstances
violating the privacy of that person, shall be punished with
imprisonment which may extend to three years or with fine not
exceeding two lakh rupees, or with both.
Explanation - For the purposes of this section(a) "transmit" means to electronically send a visual image with
the intent that it be viewed by a person or persons;
(b) "capture", with respect to an image, means to videotape,
photograph, film or record by any means;
(c) "private area" means the naked or undergarment clad
genitals, pubic area, buttocks or female breast;
(d) "publishes" means reproduction in the printed or electronic
form and making it available for public; e) "under circumstances
violating privacy" means circumstances in which a person can have a
reasonable expectation that;(i) he or she could disrobe in privacy, without being concerned
that an image of his private area was being captured; or
(ii) any part of his or her private area would not be visible to the
public, regardless of whether that person is in a public or private
place.
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