Ritika
On September 17, there was a ruckus in Chandigarh University located in Mohali, Punjab. Actually a girl was caught making a video of girls taking a bath in the university hostel. According to the news, this girl made MMS of about 60 girls and shared that video to some boys.
After which the girls first tried to talk to the girl, whose video is becoming quite viral on social media. In this video, when the girl was asked whether she had made these videos herself, on this the girl showed the photo of a boy and told that she was making the video under the pressure of that boy.
At present, the police has arrested the accused girl and an FIR has been registered against her at Kharar police station near Mohali under Section 354C of IPC and IT Act 66A and 67A.
After this incident, now the question arises that after all, what is the provision of punishment for taking pictures and making them viral without the permission of a woman?
Section 354C of IPC provides for punishment for this offence. It states that if a woman is doing any work which is private. At the same time seeing him comes in the category of crime.
Or when a woman does any such work which she usually cannot do in public places and at the same time a person takes a photo of that woman, then it will be a punishable offense. He will be considered guilty and punished under 354C IPC. If the accused is found guilty for the first time under section 354C, then he can be punished with imprisonment of not less than 3 years, and he can also be fined.
Where the person is found guilty for the second time and has been punished for the first time under this section, in such a case, he can be punished from 3 years to 7 years and will also have to pay fine.
At the same time, Section 66E of the IT Act says that if a person takes a picture of a private part of another woman or man without his permission, uploads or prints it somewhere online. So the person doing so will be proved guilty. In such a case, he shall be punished with imprisonment of either description for a term which may extend to three years and with fine which may extend to two lakh rupees, or with both.
Is bail available in the offense of 354C or not?
If the accused is found guilty under section 354C for the first time, he can get bail, but again if the same person is found to have committed an offense under this section, then he will not get bail.
You can take recourse to sections 499, 500 and 501 of IPC
Apart from this, if a person broadcasts / publishes derogatory facts on social media, then a case of sections 499, 500 and 501 (criminal defamation) of IPC can be registered against him.
If someone is making false remarks against someone on social media or internet or spreading lies against you, or willfully tarnishing your honor, then a defamation claim can be made against him before the magistrate. It has a provision of imprisonment of not less than two years.
