When Photography Becomes a Crime

Addressed in Section 66E of the IT Act, 2000:

In an age where smartphones double as surveillance tools and social media thrives on visual content, the line between casual documentation and privacy invasion has become dangerously thin. While photography is often seen as harmless, capturing or sharing someone’s image without consent especially in private settings—can be a criminal offense under Indian law.

Let’s explore Section 66E of the Information Technology Act, 2000, which specifically addresses this issue.

What Does Section 66E Say?

“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.”

This provision criminalizes the act of violating someone’s bodily privacy through digital means.

 Key Elements of the offence 

To understand the scope of Section 66E, let’s break down its critical components:

1. Capture

  • Includes photographing, filming, or recording by any means.
  • Even a quick snapshot taken without consent can qualify.

2. Publish or Transmit

  • Sharing the image online, via messaging apps, or any digital platform.
  • Includes uploading to social media or sending to third parties.

3. Private Area

  • Defined as the naked or undergarment-clad genitals, pubic area, buttocks, or female breast.
  • The law focuses on bodily privacy, not general public appearances.

4. Circumstances Violating Privacy

  • When a person has a reasonable expectation of privacy, such as in a washroom, changing room, or private residence.
  • Applies even in public spaces if the context implies privacy (e.g., someone changing clothes behind a screen at a beach).

Why This Law Matters

Section 66E is a vital safeguard in a digital society where:

  • Hidden cameras are used for voyeurism.
  • Revenge porn and non-consensual sharing of intimate images are on the rise.
  • Victims often face emotional trauma, social stigma, and legal hurdles.

This section empowers individuals to seek justice and deters misuse of technology for exploitative purposes.

 Legal Remedies for Victims

If someone’s privacy has been violated under Section 66E:

  • They can file a complaint with the Cyber Crime Cell or local police.
  • The offense is cognizable and bailable, meaning police can act without prior court approval.
  • Victims may also invoke related provisions under the Indian Penal Code, such as:
    • Section 354C – Voyeurism
    • Section 509 – Insulting the modesty of a woman

 Judicial Perspective

Indian courts have increasingly recognized the importance of digital privacy. In the landmark Puttaswamy judgment (2017), the Supreme Court declared the Right to Privacy a fundamental right under Article 21 of the Constitution. Section 66E aligns with this principle, reinforcing that bodily autonomy and dignity must be protected—even in cyberspace.

 Real-Life Scenarios

  • A person secretly records someone in a trial room: Punishable under Section 66E
  • Sharing intimate images of an ex-partner without consent: Punishable under Section 66E and IPC
  • Installing hidden cameras in rented accommodations: Punishable under Section 66E and possibly Section 354C IPC

 



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