If you are stuck in such a situation, here is what to do.
Mr. Sameer, a resident of the Shantinagar colony in the city of Alokpur, recently noticed something unsettling. His next-door neighbor, Mr. Verma, had installed two surveillance cameras at the main entrance of the public park situated directly in front of their houses. What made the situation more alarming was that the cameras were not openly placed for security but were deliberately concealed behind the dense leaves of a large banyan tree, making them almost invisible to the naked eye. This raised serious questions for Mr. Sameer about the legality of such an act. Can an individual install cameras to monitor a public space, especially when they are hidden? This action potentially infringes upon the privacy of everyone who uses the park, including children, women, and senior citizens.
Advice in such cases
If you find yourself in a similar situation, it is crucial to act methodically and within the bounds of the law.
- Attempt a Conversation: If you feel safe and comfortable doing so, you could try having a polite conversation with your neighbor. They might have a reason, however misguided, and a simple request could resolve the issue without escalation. However, if you suspect malicious intent, it is better to avoid direct contact.
- Gather Evidence: Discreetly take clear photographs and videos of the hidden cameras. Capture their location, how they are concealed, and the area they are likely recording. This evidence will be vital for any formal complaint.
- Inform the Resident Welfare Association (RWA): If you live in a society or colony with an RWA, bring the matter to their attention. They can take collective action or mediate the issue on behalf of the residents.
- File a Police Complaint: The installation of hidden cameras in a public place, especially by a private individual, can constitute a criminal offense. You have the right to file a complaint with your local police station.
Applicable Sections of Law
The act of installing hidden cameras in a public park can attract several provisions under Indian law, particularly with the introduction of the new criminal codes.
- Right to Privacy: The Supreme Court of India in the landmark case of *Justice K.S. Puttaswamy (Retd.) vs. Union of India* declared the Right to Privacy as a fundamental right under Article 21 of the Constitution. Secretly filming people in a public park where they have a reasonable expectation of privacy can be a violation of this right.
- Section 69 of the Bharatiya Nyaya Sanhita, 2023 (BNS) - Voyeurism: This section is critical. It penalizes the act of capturing the image of a woman engaging in a private act in a place where she would usually have the expectation of not being observed. A park can be such a place for many activities. The act of installing a camera to do so is a punishable offense.
- Section 77 of the Bharatiya Nyaya Sanhita, 2023 (BNS) - Stalking: If the cameras are used to monitor the activities of a particular person or persons, it could amount to stalking, which involves fostering contact or attempting to contact a person repeatedly, or monitoring the use by a person of the internet, email or any other form of electronic communication.
- Section 290 of the Bharatiya Nyaya Sanhita, 2023 (BNS) - Public Nuisance: An act that causes any common injury, danger, or annoyance to the public or to the people in general who dwell or occupy property in the vicinity can be classified as a public nuisance. Hidden cameras can cause widespread annoyance and fear among park-goers.
- Section 66E of the Information Technology Act, 2000: This act punishes anyone who intentionally captures, publishes, or transmits the image of a private area of any person without their consent, under circumstances violating the privacy of that person.
If you are the complainant
- Document Everything: Keep a detailed record of when you first noticed the cameras, any conversations you had, and the dates you took photographic evidence.
- 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.
- File a Written Complaint: Submit a detailed written complaint to the Station House Officer (SHO) of the local police station, attaching copies of your evidence. Ensure you take a receiving copy of your complaint.
- Follow Up: If the police do not take action, you can send a copy of the complaint to senior officers like the Superintendent of Police (SP) or Commissioner of Police.
- Legal Recourse: If an FIR is not registered, your lawyer can help you file a complaint before the Magistrate under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), asking the court to direct the police to investigate.
If you are the victim
As a person whose privacy is being violated by such cameras, you are the victim. Your course of action should be focused on safety and justice.
- Prioritize Safety: Be aware of your surroundings. If you feel directly targeted or unsafe, ensure you are not alone when in the vicinity.
- Preserve Evidence: Do not tamper with the cameras. Your evidence should be of the cameras in their original, hidden state.
- 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.
- Report the Crime: Follow the steps mentioned above to report the matter to the police and other relevant authorities. Emphasize the violation of privacy and the potential for misuse of the footage, especially concerning women and children.
How the police behave in such cases
Police response can vary. Initially, some officers might view it as a minor dispute between neighbors and suggest a compromise. However, you must stand your ground. When you present the matter clearly, citing the violation of privacy and potential offenses under the BNS, they are legally obligated to act. A formal complaint will compel them to visit the site, verify your claims, seize the equipment (cameras, DVR/NVR), and send it for forensic analysis to determine what has been recorded. The seriousness of the complaint, especially if it involves potential voyeurism against women, will dictate the swiftness of their action.
FAQs people normally have
What evidence is required?
- Clear photographs and videos showing the cameras, their hidden placement, and the area they cover.
- Statements from other neighbors or park users who also feel their privacy is being invaded.
- A map or diagram showing the location of the cameras in relation to houses and the park.
- If possible, any admission or communication from the neighbor regarding the cameras.
How long will the investigation take?
The duration of an investigation can vary. The initial steps, such as visiting the site and seizing the cameras, may take a few days to a week after a formal complaint is lodged. The forensic analysis of the recording devices can take several weeks or even a few months. As per the BNSS, the police are generally required to complete the investigation and file a final report (chargesheet) within 60 to 90 days from the date of arrest, if any. The entire legal process, from complaint to trial, can be lengthy, but initiating it is the first step toward resolution.
Advocate Sudhir Rao, Supreme Court of India