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.
TL;DR: You have solid legal remedies even if Meta rejects your privacy reports. File a complaint at your local cyber cell police station — they can issue a formal takedown notice to Meta under Indian law. If needed, you can also approach a magistrate court for a takedown order under the IT Act and Bharatiya Nyaya Sanhita. This is free to file.
A client — let's call her Ananya Sharma, a second-year student in Nagpur — came to the office of Advocate Sudhir Rao. A classmate had recorded her dancing in the college common room two years ago. Ananya had shown the video privately to this friend. But without her knowledge, he uploaded it to Instagram. The video stayed up for months.
Ananya tried everything on her own. She asked her classmate to take it down. He refused. She reported the video through Instagram's in-app feature multiple times. Each time, Meta said it didn't violate community guidelines. She even emailed them her Aadhaar card details to prove her identity. Meta replied that they couldn't support her request through that channel.
She was stuck. Frustrated. Unsure what to do next. That's when she approached Advocate Sudhir Rao's chamber. The office reviewed the facts and recognised this as a clear violation of her privacy rights under Indian law. They drafted a formal complaint for the Nagpur Cyber Cell. The police issued a takedown notice to Meta under Section 79(3)(b) of the IT Act. The video was removed within 72 hours. Advocate Sudhir Rao's expertise in digital privacy and cyber law made all the difference in navigating the procedural and evidentiary hurdles.
Key Facts of the Case
- The video was recorded by a known person without the client's explicit consent for public sharing.
- The video was uploaded to Instagram two years before the complaint was filed.
- Instagram's in-app reporting system repeatedly rejected the privacy report as not violating community guidelines.
- Meta's email support also refused to take action after the client submitted identity proof.
- The client did not have any prior legal knowledge or money for a lawyer from a high-end firm.
- A formal complaint to the Nagpur Cyber Cell resulted in a takedown notice that got the video removed within three days.
- The client's right to privacy was violated under Article 21 of the Constitution and Section 72 of the IT Act.
The Direct Legal Answer
Can I get a non-consensual video removed from Instagram without paying for a lawyer?
Yes. You can file a written complaint at your local cyber crime police station for free. The police have the power to issue a notice to Meta under Section 79(3)(b) of the IT Act, which mandates that an intermediary must remove unlawful content upon receiving a government order. You don't need a lawyer for this step.
What if the cyber cell refuses to take action?
You can approach the jurisdictional magistrate court under Section 175(3) BNSS with a private criminal complaint. The court can issue a direction to the police or directly to Meta to takedown the content. This is still a low-cost option.
Will filing a police complaint make the video more famous?
No. The police will not publicly share the video. They will only use it internally to send a notice to Instagram. There is no public court hearing for a police complaint. The video will be taken down quietly.
Advice in Such Cases
First, file a complaint at your nearest cyber cell police station. Do not rely solely on Instagram's in-app reporting — those are reviewed by automated systems that miss nuance. A police complaint is a formal legal step that triggers a government-backed request to the platform.
Second, preserve all evidence. Take screenshots of the video page, the uploader's profile, your report confirmations, and Meta's rejection emails. Also take screenshots of any messages between you and the uploader where they refused to take it down.
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.
Applicable Sections of Law
Information Technology Act, 2000: Section 72 (breach of confidentiality and privacy), Section 66E (violation of privacy by capturing, publishing, or transmitting images of a private area without consent), and Section 79(3)(b) (intermediary liability and takedown obligations upon government order).
Bharatiya Nyaya Sanhita, 2023: Section 356 (word, gesture, or act intended to insult the modesty of a woman) and Section 73 (criminal intimidation).
Constitution of India: Article 21 (right to life and personal liberty includes the right to privacy).
A complaint under these sections can be filed at the cyber cell or before a magistrate.
Punishment and Penalties
Under Section 66E of the IT Act, capturing, publishing, or transmitting images of a private area without consent is punishable with imprisonment up to three years, or a fine up to two lakh rupees, or both. Under Section 72 of the IT Act, breach of confidentiality and privacy attracts imprisonment up to three years, or a fine up to five lakh rupees, or both. Under Section 356 BNS, the punishment is imprisonment up to one year, or fine, or both. These are cognizable and bailable offences. They are compoundable with the victim's consent.
Jurisdiction — Where to File the Case
For a police complaint, file at the cyber cell of the police district where you reside or where the video was uploaded. For a magistrate complaint, approach the court having jurisdiction over your area. Territorial jurisdiction is determined by where the offence took place, where you live, or where the content is accessible. The Supreme Court has held that online offences can have jurisdiction at multiple places.
What if Police Refuse to File FIR?
If the cyber cell refuses to register your complaint, you have options:
- Approach the Superintendent of Police under Section 173(4) BNSS with a written representation.
- File a private criminal complaint before the magistrate under Section 175(3) BNSS.
- Send a legal notice to the police station demanding FIR registration and follow up in person.
- As a last resort, file a writ petition in the High Court under Article 226 for a direction to the police to register the FIR.
Rights of the Accused
The accused in such a case has the following rights:
- Right to remain silent and against self-incrimination under Article 20(3) of the Constitution.
- Right to legal representation under Article 22(1).
- Right to be produced before a magistrate within 24 hours of arrest under Section 58 BNSS.
- Right to a copy of the FIR and to know the grounds of arrest.
- Right to apply for bail before the concerned court.
Bail Provisions
Offences under Section 66E and Section 72 of the IT Act are bailable. This means the accused can get bail from the police station itself or from the magistrate's court as a matter of right. Under BNSS, regular bail is governed by Section 480, and anticipatory bail under Section 482. Since the offence is bailable, the court will typically grant bail on a bond and surety. Bail strategy involves ensuring the accused does not tamper with evidence or intimidate the victim.
Quashing of FIR / Case
The High Court can quash the FIR under Section 528 BNSS if there is no prima facie offence, the complaint is an abuse of process, or the parties have settled the matter. Quashing is usually sought when the offence is non-cognizable or when the allegations are frivolous. It is a remedy for the accused, not the victim. The victim should oppose any attempt to quash the FIR if the evidence supports the complaint.
If You Are the Victim
- File a complaint at the nearest cyber cell police station immediately. Do not delay.
- Preserve all evidence — screenshots, emails, messages, and the video link.
- Do not delete any communication with the uploader or with Instagram support.
- Ignore any threats or intimidation from the uploader. Report them to the police.
- If the cyber cell refuses, go to the magistrate's court with a private complaint.
Documents You Must Keep Ready
- Your identity proof (Aadhaar card, PAN card, or college ID).
- Screenshots of the Instagram video showing the URL, uploader's profile, and date.
- Screenshots of your privacy report submissions and Meta's rejection emails.
- Any communication with the uploader (messages, emails) where they refused removal.
- Your own photo or video showing what you look like (to prove you are the person in the video).
- Any other relevant correspondence or evidence.
What Evidence Is Required?
- Primary evidence: the Instagram video URL and a screenshot of the page.
- Proof that you are the person in the video — a clear photo of your face plus a copy of your Aadhaar or PAN card.
- Proof of lack of consent — messages showing you asked the uploader to take it down and they refused.
- Proof of your reports to Instagram — screenshots of the report confirmation and rejection.
- Any communication with the uploader showing they knew you did not consent to public posting.
- A statement from you describing the incident and the timeline.
How the Police Behave in Such Cases
Cyber cells in cities like Nagpur, Pune, and Bengaluru are generally responsive to non-consensual video complaints. They take privacy violations seriously under the IT Act. The officer will record your statement, register an FIR, and issue a letter to Meta under Section 79(3)(b) of the IT Act. The process is straightforward but requires you to provide clear evidence. If the officer is uncooperative, insist on speaking to the senior inspector or approach the magistrate.
Timeline of Legal Process
- File complaint at cyber cell: 1 day.
- Police investigation and issuance of notice to Meta: 3–7 days.
- Meta compliance with takedown: 24–72 hours after receiving notice.
- If magistrate complaint needed: filing, summons, hearing — 2–4 weeks.
- Trial for criminal offence (if accused does not settle): 6 months to 1 year.
- Appeal by either party: additional 3–6 months.
How Long Will the Investigation Take?
The police investigation typically takes 30 to 60 days. They will collect evidence, record statements, and send a notice to Meta. The investigation is complete when the police file a chargesheet or final report. A chargesheet must be filed within 60 days of arrest, or 90 days for offences with imprisonment up to 7 years.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Yes. The offence under Section 66E IT Act is compoundable, meaning the victim and accused can settle the matter privately. The uploader could agree to remove the video, apologise, and pay compensation. This can be done before the police or during court proceedings. Lok Adalat can also settle pre-litigation disputes. Settlement is advisable if the uploader genuinely cooperates and the video has not been widely shared. However, do not agree to a settlement where the uploader refuses to delete the video or insists on keeping it up.
Common Mistakes People Make
- Delaying the complaint — evidence can be lost, and the video may spread further.
- Deleting evidence — never delete messages, screenshots, or emails from the uploader or from Instagram.
- Reporting only through Instagram's in-app feature — these are automated and often ineffective for privacy violations.
- Engaging an advocate who does not regularly handle cyber law or privacy cases — this area of law has specific procedural and evidentiary nuances involving the IT Act, intermediary liability, and police protocol. A general practitioner may not be familiar with issuing a proper Section 79(3)(b) notice or approaching the cyber cell effectively.
- Confronting the uploader aggressively without preserving evidence — this can lead to them deleting the account or the video, making it harder to identify them later.
- Posting about the case on social media — this can prejudice the case and give the uploader grounds to claim you consented to the video's public nature.
FAQs People Normally Have
Will filing a police complaint cost me money?
No. Filing a complaint at the police station is free. You can go to the cyber cell without a lawyer. No court fee is required for an FIR.
What if the uploader is from a different city or state?
Jurisdiction can be established where you reside or where the video is accessible. The police can still take action and coordinate with the other state's cyber cell.
Can I file a complaint online?
Yes. You can file a complaint on the National Cyber Crime Reporting Portal (cybercrime.gov.in) under the "Report Other Cyber Crime" category. An online FIR will be forwarded to the local cyber cell.
How long does it take for the video to be removed after a police complaint?
Typically 24 to 72 hours after the police send the notice to Meta. The platform complies quickly with government orders under the IT Act.
Can I sue Instagram for not removing the video?
You can file a complaint before the magistrate for failure to comply with Section 79(3)(b) of the IT Act. But typically, a police notice resolves it faster without litigation against the platform.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India
Facing a similar matter? Speak to a Delhi criminal defence lawyer — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.