Quashing of FIR -- Allegation of Voyeurism -- Ingredients not made out on solitary private message
(i) Bharatiya Nyaya Sanhita, 2023, S.77 -- Quashing of FIR -- Allegation of Voyeurism -- Voyeurism requires watching, capturing or dissemination of the private act of a woman without consent. Absent any such allegation, a private message complimenting the appearance of a woman does not fall within the offence, and prosecution on this count cannot survive. (ii) Bharatiya Nyaya Sanhita, 2023, S.78 -- Quashing of FIR -- Allegation of Stalking -- Stalking requires repeated following, monitoring or persistent communication despite disinterest shown by the woman. A solitary message sent once, with no further contact or expression of disinterest by the complainant, does not satisfy this requirement and cannot sustain the charge. (iii) Bharatiya Nyaya Sanhita, 2023, S.79 and Information Technology Act, 2000, Ss.66E and 67D -- Quashing of FIR -- Compliment on Appearance -- A message appreciating the physical appearance of a woman, exchanged privately between acquaintances, does not disclose deliberate intention to insult her modesty or transmit obscene material. Criminal law cannot be invoked for social indiscretion or linguistic impropriety falling short of the statutory ingredients.
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