If you are stuck in such a situation, here is what to do.

Ms. Anjali lives with her husband, Mr. Vikram, in a shared apartment in Navipur, as part of a joint family setup. The apartment is also home to Vikram’s brother, Mr. Sameer, his wife Mrs. Priya, and their parents. The layout is such that Sameer and Priya have a bedroom with an attached private washroom, while Anjali and Vikram’s room does not. Vikram customarily used his brother’s attached washroom, while Anjali used a separate common washroom, also used by her in-laws.

Recently, Sameer and Priya left for a trip to Priya’s hometown. Before leaving, they installed a camera on a desk in their bedroom without informing any family members. Vikram discovered the camera and immediately contacted Sameer to question him. Sameer’s response was defensive, stating that since it was their room, they had the right to install a camera for security.

The primary concern arose from the camera’s placement. It was positioned in a way that it could potentially record the entrances to both the attached washroom inside their room and the common washroom outside. This created a situation where anyone entering or exiting either washroom could be recorded without their knowledge or consent. Fortunately, Vikram noticed the device before using the washroom that day and kept their bedroom door closed to prevent the camera from recording the common area.

Anjali was not at home when the camera was discovered but is now deeply distressed and frightened by the incident. The thought that she could have been recorded, especially while in a state of undress like exiting the washroom in a towel, has caused her immense anxiety. Although her father-in-law has since removed the camera at Sameer’s request, the breach of trust and the feeling of being violated persist. Anjali feels unsafe in her own home and believes that her relatives should face legal consequences for their actions, which she perceives as a severe violation of her privacy.

Advice in such cases

• Do not panic or engage in a loud confrontation, as it might escalate the situation within the family.
• If it is safe to do so, discreetly take photographs and videos of the camera, its position, and its potential field of view. This is crucial evidence.
• Preserve any digital communication, such as text messages or emails, where the other party admits to placing the camera.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

This situation directly involves the offense of “Voyeurism” and a violation of the fundamental “Right to Privacy.”

• Section 69 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section defines and penalizes voyeurism. It is an offense for any person to watch or capture the image of a woman engaging in a “private act” in circumstances where she would usually have the expectation of not being observed. A “private act” explicitly includes using a lavatory. The fact that the camera was positioned to view the bathroom entrance is a critical element. The argument that it was placed in their “own room” does not hold if it compromises the privacy of others.
• Article 21 of the Constitution of India: The Supreme Court, in the K.S. Puttaswamy judgment, has affirmed that the Right to Privacy is a fundamental right protected under the Right to Life and Personal Liberty. Secretly recording someone in a shared living space where they have a reasonable expectation of privacy is a clear violation of this right.

If you are the complainant

If you decide to take legal action as the person whose privacy was violated:

• Organize all your evidence, including photos, videos, and screenshots of messages.
• Write down a detailed timeline of events as you remember them. Be precise about who discovered the camera, when, and what conversations took place afterward.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Proceed to the local police station to file a complaint. You can submit a written complaint, and the police are obligated to register a First Information Report (FIR) under Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, as voyeurism is a cognizable offense.
• Cooperate fully with the police investigation and provide them with all the evidence you have collected.

If you are the victim

As the victim, your well-being is the top priority.

• Your feelings of fear, anxiety, and violation are valid. Acknowledge them and consider speaking to a trusted friend or a mental health professional.
• Document your experience in a private journal. This can be therapeutic and also serve as a personal record.
• Assess your living situation. If you feel unsafe, consider staying elsewhere temporarily while you figure out the next steps.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• You have the right to decide what action to take. This could range from seeking a formal apology and setting firm boundaries within the family to pursuing a formal legal complaint.

How the police behave in such cases

Dealing with the police in domestic matters can be challenging. Initially, they might be hesitant to intervene in what they perceive as a “family dispute” and may suggest you resolve it internally. However, you must be firm. Voyeurism is a serious criminal offense, not a minor family issue. Insist on your right to file an FIR. Once the FIR is registered, the police are mandated to investigate. This will typically involve seizing the device (the camera and any storage medium) for forensic analysis and taking statements from all involved parties.

FAQs people normally have

Is it illegal to put a camera in one’s own bedroom in a shared house?

While placing a camera in one’s personal space is not inherently illegal, it becomes a criminal offense if its field of view extends to areas where other residents have a reasonable expectation of privacy, such as a hallway leading to a bathroom or the bathroom entrance itself. The intent behind placing the camera is also a key legal factor.

What if they argue it was only for security purposes?

This is a common defense. However, the law and the courts will examine the reasonableness of this claim. A security camera for a private room should be positioned to monitor that room only. If it is angled to capture common areas or private spaces of others, it can be considered a tool for voyeurism, and the security claim may not stand, especially if it violates a woman’s privacy.

Can a case be filed even though the camera has been removed?

Yes, absolutely. The offense was committed the moment the camera was installed with the capability and intent to capture private acts without consent. The subsequent removal of the camera does not erase the crime. The text messages admitting to its placement and the testimony of the person who saw it are strong evidence.

What evidence is required?

To build a strong case, the following evidence is crucial:

• The camera and its memory card are the primary pieces of evidence.
• Photographs or videos showing the camera’s placement and what it was pointed at.
• Digital evidence, such as text messages or chat logs, where the accused admits to placing the camera.
• Witness statements, especially from the person who discovered the camera (Mr. Vikram in this story).
• If possible, a diagram of the house layout showing the camera’s position relative to the bathrooms.

How long will the investigation take?

The duration of a police investigation can vary significantly. After an FIR is filed, the police will collect evidence, which may include sending the camera for forensic analysis to retrieve any stored data. This forensic process can take a few weeks to several months. The police will then record statements and prepare a final report (chargesheet) to be submitted to the court. The entire process before a trial begins can take anywhere from three to six months, or longer, depending on the complexity of the case and the workload of the police and forensic labs.

Advocate Sudhir Rao, Supreme Court of India