PG Roommate Secretly Filmed a Sleeping Woman — Privacy Violation, Forced Eviction, and Your Legal Rights

One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Sneha Iyer, a young professional from Nagpur, had recently relocated to Pune for a new job opportunity in early March 2025. She moved into a shared PG accommodation in Kothrud, taking up a double-sharing room. From the very first night, her roommate raised objections about her snoring and demanded she leave. Sneha, who had recently undergone a significant health procedure and was still recovering, was in no position to relocate at short notice.

Things deteriorated rapidly. The roommate covertly recorded Sneha while she slept, photographed her personal belongings — including her medication — and then brought a friend into the room past midnight to confront her. The PG management, after initially expressing some sympathy, reversed course entirely. They claimed the "entire floor" was disturbed, told Sneha to vacate within a week, and casually dismissed the recording as "not illegal." Sneha's partner Rohan Gupta tried to resolve the matter directly with management, but the conversations went nowhere. They'd been speaking with management for nearly two weeks without any resolution.

On a friend's recommendation, they approached Advocate Sudhir Rao. The earlier attempt to handle this through direct negotiation had not produced any result, and Sneha's health was worsening under the stress. A formal legal notice was issued to the PG management citing violations under the Bharatiya Nyaya Sanhita and invoking her rights against arbitrary eviction and privacy breach. The roommate's conduct was documented and a police complaint was prepared. Once management realised the legal exposure they were sitting on, their position shifted considerably. Sneha was not forced to vacate, and appropriate action was initiated against the roommate for the covert recording. The matter reached a resolution that protected Sneha's dignity and her right to remain in the accommodation during her recovery.

Advice in Such Cases

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 to 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.

Do not move out under pressure: PG management can't legally force you out within days unless your agreement specifically permits it and proper notice periods are observed. Don't vacate under threat — document every communication first.

Preserve all evidence immediately: Screenshot every WhatsApp message, save audio recordings of conversations with management, keep copies of your rental agreement, receipts, and any medical documents. And here's the thing — evidence disappears fast in these situations. Faster than most people expect.

File a police complaint without delay: Covert recording of a person in a private space while sleeping is a cognizable offence. Don't wait to "see how things go." The sooner the complaint is registered, the stronger the evidentiary chain.

This category of case sits at the intersection of privacy law, women's rights, and tenancy obligations. Procedural and evidentiary nuances, particularly around digital evidence and Section 77 BNS, are areas where domain-specific experience makes a real difference to outcomes.

Applicable Sections of Law

• Section 77 BNS (Voyeurism): Covers the act of recording, watching, or disseminating images of a woman engaged in a private act without her consent. Sleeping in one's room is clearly a private act. This section is directly applicable to the roommate's conduct.
• Section 351 BNS (Criminal Intimidation): Threats to force a person to vacate, combined with late-night confrontations designed to intimidate, can attract this provision.
• Section 74 BNS (Assault or Criminal Force to Woman with Intent to Outrage Modesty): Bringing a stranger into a woman's room at 2 AM and confronting her physically falls within the scope of this section.
• Section 200 BNSS: Allows a Magistrate to take cognizance of an offence on a complaint filed directly by the affected person, where police have failed to act adequately.

Punishment and Penalties

• Section 77 BNS (Voyeurism): First conviction — imprisonment not less than 1 year, extendable to 3 years, plus fine. Second or subsequent conviction — imprisonment not less than 3 years, extendable to 7 years, plus fine.
• Section 351 BNS (Criminal Intimidation): Imprisonment up to 2 years, or fine, or both. If threat involves grievous hurt or death — up to 7 years.
• Section 74 BNS: Imprisonment up to 1 year, or fine, or both.
• Section 77 BNS is a cognizable and non-bailable offence on second conviction. The first conviction is cognizable and bailable. Section 351 is non-cognizable and bailable. The offences are non-compoundable without court permission.

Jurisdiction — Where to File the Case

For the criminal complaint under Section 77 BNS and related provisions, the complaint must be filed at the police station within whose territorial jurisdiction the PG accommodation is located. In Sneha's case, that would be the local police station covering the Kothrud area of Pune. If police decline to register an FIR, a private complaint can be filed before the Judicial Magistrate First Class (JMFC) having jurisdiction over that area. For tenancy and eviction disputes, the Civil Court or Rent Control Authority with territorial jurisdiction over the property location is the appropriate forum. Frankly, jurisdiction determines which authority has the power to act — filing in the wrong forum can delay relief significantly, as held in Nahar Industrial Enterprises Ltd. v. Hong Kong and Shanghai Banking Corp., 2009.

What if Police Refuse to File FIR?

• Submit a written complaint to the Superintendent of Police (SP) of the district under Section 173(4) BNSS, which requires the SP to either direct investigation or give reasons for refusal.
• File a private complaint directly before the Judicial Magistrate First Class under Section 175(3) BNSS — the Magistrate can order an inquiry or direct registration of an FIR.
• Approach the High Court under Article 226 of the Constitution by way of a writ petition seeking a direction to the police to register the FIR, as established in Lalita Kumari v. Government of UP, 2014.
• In cases involving women, file a complaint with the State Women's Commission, which can apply pressure on the police administration.

Rights of the Accused

• Right against self-incrimination: Under Article 20(3) of the Constitution, an accused cannot be compelled to be a witness against herself or himself.
• Right to legal representation: Article 22 guarantees the right to consult and be defended by a legal practitioner of one's choice from the moment of arrest.
• Right to be produced before a Magistrate within 24 hours of arrest, under Article 22(2) and Section 57 BNSS.
• Right to know grounds of arrest and to receive a copy of the FIR, under Sections 47 and 173 BNSS respectively.
• Right to default bail: If chargesheet is not filed within the prescribed period, the accused is entitled to bail under Section 479 BNSS, as affirmed in Hussainara Khatoon v. State of Bihar, 1979.

Bail Provisions

Section 77 BNS on first offence is cognizable and bailable, meaning bail can be granted by the police station itself or the Magistrate as a matter of right. On a second conviction, it becomes non-bailable. Where non-bailable, the accused may apply for anticipatory bail under Section 482 BNSS before the Sessions Court or High Court, prior to arrest. Regular bail after arrest is governed by Section 480 BNSS for bailable offences and Section 483 BNSS for non-bailable offences. Typical conditions include surrender of passport, appearance at every hearing, and no contact with the complainant. Now, before you act — bail strategy in such cases should be planned by counsel experienced in women-related BNS offences, since courts weigh the nature of the privacy breach heavily at the bail stage.

Quashing of FIR / Case

Under Section 528 BNSS, the High Court retains inherent powers to quash an FIR where the allegations, even if taken at face value, don't disclose a cognizable offence. In cases like this one, quashing isn't readily available to the accused. The recording of a sleeping woman in a private space without consent is precisely what Section 77 BNS targets — there's clear prima facie material. As held in State of Haryana v. Bhajan Lal, 1992, quashing is reserved for cases where continuation of proceedings would amount to an abuse of the court's process. Where evidence of covert recording exists, courts are unlikely to exercise this discretion in the accused's favour. Quashing may be worth examining only if there's a bona fide settlement between the parties, which is itself subject to judicial scrutiny.

If You Are the Victim

• Do not vacate the premises under pressure or verbal threats. Insist on written notice and check your rental agreement for the notice period stipulated before eviction.
• Report the covert recording to police immediately — take your rental agreement, Aadhaar card, and any screenshots of communications with management to the nearest police station.
• Send a legal notice through an advocate to both the roommate and PG management, citing the specific violations. This creates a documented record and often prompts quick backtracking from the management's side.
• Document your health condition — if you have a medical condition that makes immediate relocation harmful, obtain a certificate from your treating doctor. This is relevant to any discrimination or hardship argument.
• Contact the State Women's Commission if police are not responsive. They have the authority to summon and inquire.

Documents You Must Keep Ready

• Aadhaar card and PAN card (identity proof)
• Signed PG rental or licence agreement
• Rent receipts and payment records (UPI screenshots, bank statements)
• Screenshots of all WhatsApp or SMS conversations with management and the roommate
• Medical reports, prescriptions, and doctor's certificate regarding your health condition
• Any written eviction notice received from management
• Evidence of the covert recording — if you have any metadata, file name, or device information related to the video
• Witness contact details — neighbours, other residents who were present during any confrontation

What Evidence Is Required?

• The covert video or recording itself — primary digital evidence. Even if you don't have a copy, metadata trails and the management's own admission of having seen it can establish its existence.
• Screenshots of management's communications admitting they viewed the recording — this is powerful secondary evidence and also implicates them in the chain of dissemination.
• WhatsApp chats or call logs showing demands to vacate and confrontational behaviour by the roommate.
• Witness testimony from other residents who heard or witnessed the 2 AM confrontation.
• Medical records establishing your health condition and inability to relocate at short notice.
• Rental agreement establishing your legal right of occupancy and the applicable notice period.
• Photographs of personal belongings that were taken without consent — relevant to showing the pattern of intrusive behaviour.

How the Police Behave in Such Cases

Make no mistake — police attitudes in covert recording cases vary significantly. In matters involving Section 77 BNS, many station-level officers are still familiarising themselves with the new code's provisions and may initially classify the complaint under older, less specific heads. There's sometimes a tendency to treat these disputes as "domestic or accommodation quarrels" and suggest mediation rather than registration. Persistence matters here. Demand a written acknowledgement of your complaint at minimum. If the officer claims it's a civil matter, politely but firmly cite Section 77 BNS by name. Having an advocate accompany you or send a prior written communication to the SHO markedly improves registration rates in this category of case.

Timeline of Legal Process

• Day 1-3: File FIR at local police station — approximately 1 to 3 days to get it registered, sometimes longer without advocacy.
• Week 1-4: Police investigation — recording of statements, seizure of devices, digital forensics if required.
• Within 60 days: Chargesheet filing under Section 193 BNSS (for offences carrying up to 3 years imprisonment). Court takes cognizance upon receipt.
• Month 2

Advocate Sudhir Rao, Supreme Court of India