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

Mr. Alok, a resident of Janakpuri, was recently scrolling through his social media feed when he came across several short video clips. These clips appeared to show intense and emotional arguments from inside a courtroom, specifically from a family court case. The videos were edited with dramatic music, and the comments section was filled with harsh judgments against one of the individuals in the video. Mr. Alok was disturbed and confused. He wondered if these recordings were authentic and if it was legally permissible to broadcast private court matters for public consumption. He questioned whether the courts themselves provided these videos to punish people on social media.

Advice in such cases

The circulation of video clips from court proceedings, especially from sensitive cases like family disputes, is a serious issue with significant legal ramifications. Here is some general advice:

• Understand that recording court proceedings without the express permission of the judge is generally prohibited in India.
• Family court proceedings, in particular, are often held “in-camera,” meaning they are conducted in private to protect the dignity and privacy of the parties involved. Publishing any part of such proceedings is illegal.
• While the Supreme Court of India has initiated live-streaming of certain constitutional cases to promote transparency, this does not apply to sensitive matters like family law, matrimonial disputes, or cases involving sexual offenses.
• If you see such a video, understand that it was likely recorded and shared illegally. Refrain from sharing it further, as you could also be contributing to an illegal act.
• 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

Several laws in India govern the recording and publication of court proceedings. Illegally sharing such content can attract severe penalties under the following acts:

• The Contempt of Courts Act, 1971: Unauthorized recording, publication, and distribution of court proceedings can be considered contempt of court. It can scandalize the court, interfere with the administration of justice, and prejudice the parties involved in the litigation.
• The Family Courts Act, 1984: Section 11 of this Act explicitly states that proceedings may be held in-camera if the court desires or if either party requests it. Publishing the details of in-camera proceedings is a punishable offense.
• The Information Technology Act, 2000: Sharing such videos online can lead to prosecution under various sections, such as Section 66E (punishment for violation of privacy) and Section 67 (punishment for publishing or transmitting obscene material in electronic form).
• Bharatiya Nyaya Sanhita (BNS), 2023: If the video is edited or presented in a way that harms the reputation of an individual, it could amount to defamation under Section 356 of the BNS.

If you are the complainant

If you are the person who has been wronged because a video of your court proceeding has been unlawfully published online, you are the complainant. Here are the steps you should take:

• Gather Evidence: Immediately save the URL of the video. Take screenshots and screen recordings of the post, the video itself, and the comments section.
• Report to the Platform: Use the reporting tools on the social media platform (like YouTube, Facebook, or Instagram) to report the video for harassment, privacy violation, or unauthorized use.
• File a Police Complaint: Approach your local police station or the Cyber Crime Cell and file a First Information Report (FIR) against the uploader and the platform, citing violations under the IT Act and the BNS.
• Initiate Contempt Proceedings: You can file a contempt petition before the respective High Court against the person who recorded and uploaded the video for interfering with the administration of justice.
• 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

If you are the victim

As the victim whose privacy and dignity have been violated by the public sharing of your court case, the emotional and legal trauma can be immense. Your course of action is similar to that of a complainant:

• Document Everything: Keep a detailed record of where the video was shared, who shared it (if known), and the nature of the comments and online harassment you are facing as a result.
• Lodge an FIR: It is your right to file an FIR. The police are obligated to register a case, especially when it involves violation of privacy and cybercrime.
• Seek Legal Recourse: Apart from criminal action, you can also file a civil suit for damages against the person who uploaded the video for causing mental agony and loss of reputation.
• Contempt Action: This is a powerful tool. Informing the court where your case is being heard about the illegal publication can lead to the court itself taking suo motu cognizance of the contempt.
• 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

How the police behave in such cases

Dealing with the police in such matters can be challenging, but understanding the process helps. Typically, the police will:

• Initially assess the complaint to determine the relevant offenses under the IT Act, BNS, and other applicable laws.
• Register an FIR if a cognizable offense is made out. In cybercrime cases, this is usually straightforward.
• The case will likely be transferred to a specialized Cyber Crime Cell, which has the technical expertise to investigate such matters.
• The police will issue a notice under Section 91 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) to the social media company to preserve the data and provide details of the uploader’s account, such as IP address, email, and phone number.
• Cooperation from large tech companies can sometimes be slow, which may delay the investigation.

FAQs people normally have

• Are these courtroom videos on social media real?
  

  Some may be genuine clips recorded secretly and illegally by a party, a lawyer, or a member of the public. However, many could also be staged, dramatized enactments, or clips from other countries where recording laws are different. It is often difficult to tell them apart.

  
  
• Do Indian courts release videos for social media punishment?
  

  Absolutely not. The judiciary does not sanction or participate in any form of media trial or social media punishment. The purpose of the court is to adjudicate, not to shame. The live-streaming initiative is a regulated process for transparency in cases of national importance, not for private disputes.

  
  
• What happens if a lawyer is caught recording proceedings?
  

  A lawyer recording proceedings without permission is committing a grave act of professional misconduct and contempt of court. They can face disciplinary action from the Bar Council of India, which may include suspension or removal of their license to practice, in addition to penalties imposed by the court for contempt.

  
  
• Can the person who uploaded the video be arrested?
  

  Yes. The offenses under the IT Act and Contempt of Courts Act are serious. Once the police identify the uploader based on the evidence, they can be arrested and prosecuted as per the law.

  
  

What evidence is required?

To build a strong case, you will need to provide the following evidence:

• The web link (URL) of the video on the social media platform.
• Electronic copies of the video itself, downloaded for preservation.
• Screenshots of the video, the uploader’s profile, and the comments section. This is crucial as the original post may be taken down.
• A certificate under Section 65B of the Indian Evidence Act, 1872, is required to prove the authenticity of any electronic evidence submitted in court. Your lawyer can help prepare this.
• Any messages, emails, or threats you may have received in connection with the video.

How long will the investigation take?

The duration of the investigation and subsequent legal proceedings can vary significantly:

• Identification of the Accused: This is often the most time-consuming part. While police can get information from social media companies, the process can take weeks or months. If the uploader used a VPN or a fake profile, tracing them becomes even more difficult.
• Police Investigation: Once the accused is identified, the police will complete their investigation, which involves interrogation, evidence collection, and filing a chargesheet. This can take a few months.
• Court Trial: The trial itself can be a lengthy process, often taking several months to a few years to conclude, depending on the complexity of the case and the court’s schedule.

Advocate Sudhir Rao, Supreme Court of India