On November 27, National Crime Investigation Bureau (NCIB), an NGO, published a tweet claiming that if a man stares at a woman for 14 seconds or more, he can be booked under Sections 294 and 509 of the Indian Penal Code. The verified Twitter account, which uses the name NCIB Headquarters, posted a tweet in Hindi that translates to, “Important information: Seeing at any girl / woman for more than 14 seconds can lead to jail. Because knowingly or unknowingly or jokingly, staring at a familiar or unfamiliar girl / woman for more than 14 seconds is a serious crime under sections 294 and 509 of the IPC. Such cases come under molestation”.
NCIB’s name, Twitter handle NCIB Headquarters and its red and blue logo gives the impression that it is part of a police department. The description of the Twitter account also does not mention that it is an NGO. This is revealed only when one clicks the URL with .in domain given in the bio, as the website states that National Crime Investigation Bureau is actually a Non Government Organisation. Therefore, social media users were confused and surprised at the tweet, because nobody heard of any such provision in the IPC, as claimed in the Tweet.
Therefore, we investigated the tweet published by them and checked if there is any provision in the law under the said sections that deal with staring at a woman for a specific time.
Section 294 of the IPC
As per Section 294 of the Indian Penal Code (IPC) that deals with obscene acts and songs, whoever, to the annoyance of others, does any obscene act in any public place, or sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.
Section 509 of the IPC
As per Section 509 of the Indian Penal Code (IPC) that deals with the word, gesture or act intended to insult the modesty of a woman, whoever, intending to insult the modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine.
Both sections have provisions that deal with obscene actions and intend to insult the modesty of a woman, which may include staring in case it makes a woman uncomfortable, however, there is no specification of the time frame in any of the sections. If we go by what the NGO tweeted, a woman who feels uncomfortable with any action (in this case, staring) of a man for less than 14 seconds cannot file a complaint, which is not true.
Therefore, there is no such provision for 14 second limit for staring at women in sections 294 and 509 of the IPC, as claimed in the Tweet. Therefore, it is a fake claim published by the NGO. The claim also suggests that staring at women for 13 or fewer seconds is legal, which is not true. A woman can feel uncomfortable being stared at for a lesser duration, and there can’t be a limit of 14 seconds.
The 2016 statement of the Kerala Excise Officer
However, this is not the first time this 14-second claim has surfaced.
In 2016, Kerala Excise Commissioner Rishi Raj Singh became the first person to say that if a person stares at a woman for 14 seconds or more, he may face prison time. In his statement, the IPS officer said, “A case can be filed against men who ‘annoyingly’ stare at women for more than 14 seconds. The stare need not really linger for a full 14 seconds to make it an offence. It is an offence if it makes a woman uncomfortable, even for a few seconds. Womenfolk should come forward to register complaints against such offenders.” He mentioned sub-sections of Section 354 of the IPC to back his statement.
OpIndia checked the provisions added under Section 354 as sub-sections A, B, C and D as part of The Criminal Law (Amendment) Act, 2013 that was brought in light of the 2012 Nirbhaya Rape Case, also known as the Delhi Gang Rape Case.
Section 354 of the IPC
As per Section 354, which deals with assault or criminal force to a woman with intent to outrage her modesty, or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will be there by outrage her modesty, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine.
Section 354A deals with sexual harassment and punishment for sexual harassment. It says, a man committing any of the following acts:
- Physical contact and advances involving unwelcome and explicit sexual overtures; or
- A demand or request for sexual favours; or
- Showing pornography against the will of a woman; or
- Making sexually coloured remarks,
Shall be guilty of the offence of sexual harassment. Any man who commits the offence specified in clause (i) or clause (ii), or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years or with a fine or with both. Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one year, with a fine, or with both.
Section 354B deals with assault or use of criminal force to a woman with intent to disrobe. It says, any man who assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked shall be punished 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.
Section 354C deals with voyeurism. It says, 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.
Explanation 1: For the purpose of this section, “private act” includes an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy and where the victim’s genitals, posterior or breasts are exposed or covered only in underwear; or the victim is using a lavatory, or the victim is doing a sexual act that is not of a kind ordinarily done in public.
Explanation 2: Where the victim consents to the capture of the images or any act but not to their dissemination to third persons and where such image or act is disseminated, such dissemination shall be considered an offence under this section.
Section 354D deals with stalking. It says any man who follows a woman and contacts or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or (ii) monitors the use by a woman of the internet, email or any other form of electronic communication, commits the offence of stalking provided that such conduct shall not amount to stalking if the man who pursued it proves that:
- It was pursued for the purpose of preventing or detecting crime, and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or
- It was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or
- In particular circumstances, such conduct was reasonable and justified.
Whoever commits the offence of stalking shall be punished on the first conviction with imprisonment of either description for a term 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 may extend to five years, and shall also be liable to fine.
Again, in the case of Section 354 and its sub-sections A, B, C and D, there is no mention of the minimum time after which staring could be considered an offence. Furthermore, a woman does not have to wait for 14 seconds to decide if she feels uncomfortable with someone’s presence around her.
Verdict: The tweet published by NCIB, which is an NGO and not a government department, is misleading and fake. There is no provision for a timeframe in the Sections mentioned by the NGO or in the Sections that have been linked with such misleading statements previously.
