If you are stuck in such a situation, here is what to do.
A young woman, Ms. Aditi, recently discovered that her partner, Mr. Sameer, has a practice of recording their intimate moments. Upon discussion, Sameer revealed that he has done this in past relationships as well, claiming his former partners had consented to being recorded. This revelation left Aditi feeling deeply unsettled and concerned about her privacy and legal rights. She questioned the legality of these recordings, whether her implied consent to the relationship extended to being filmed, and what legal standing Sameer has over these private videos. This situation raises critical questions about consent, privacy, and the law in the digital age.
Advice in such cases
Set Clear Boundaries: Immediately communicate your discomfort and explicitly state that you do not consent to being recorded. If you had previously consented, you have every right to revoke that consent for any future recordings and for the continued storage of past ones.
Demand Deletion: Request that your partner delete all copies of any intimate recordings in your presence to ensure they are permanently removed from all devices and cloud storage.
Document Everything: Keep a record of your conversations where you revoke consent and request deletion. A text message or email provides a clear, time-stamped record.
Consult with Lawyer: 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
The creation and circulation of such material without explicit consent are governed by stringent laws in India, primarily under the Bharatiya Nyaya Sanhita (BNS) and the Information Technology Act.
Section 69 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section addresses the offence of voyeurism. It criminalizes the act of capturing an image or video of a woman engaging in a private act where she would usually have the expectation of not being observed. Consent to the sexual act itself does not automatically imply consent to its recording. The act of recording without explicit permission is a punishable offence.
Section 66E of the Information Technology Act, 2000: This section punishes the violation of privacy. It makes it an offence to intentionally capture, publish, or transmit the image of a private area of any person without their consent, under circumstances violating their privacy.
Section 67 and 67A of the Information Technology Act, 2000: These sections deal with the publication or transmission of obscene or sexually explicit material in electronic form. If the person who recorded the act threatens to share it or actually shares it, they can be prosecuted under these stringent provisions, which carry significant penalties, including imprisonment and fines.
If you are the complainant
If you find yourself in a situation where your private moments have been recorded without your consent, or if recordings made with consent are being misused.
Secure Your Evidence: Gather any proof you have, such as messages from the person admitting to the recording, threats to distribute it, or any links if it has been shared online.
File an FIR: Approach the cyber crime cell or your local police station to file a First Information Report (FIR). Clearly state the facts and request action under Section 69 of the BNS and relevant sections of the IT Act.
Do Not Be Intimidated: The law is on your side. Do not let threats or emotional manipulation deter you from seeking legal recourse to protect your rights and dignity.
Consult with Lawyer: 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
Understand Consent is Key: The law is very clear. Consent must be explicit, informed, and specific to the act of recording. Just because someone is your partner does not give them the right to record you without your express permission for each instance.
Your Right to Privacy is Absolute: The Supreme Court of India has affirmed that the right to privacy is a fundamental right. Recording someone in a private act without their knowledge and consent is a direct violation of this right.
Revoke Consent Formally: If you had previously given consent but are no longer comfortable, formally revoke it via a written medium like text or email. State clearly that you do not want to be recorded anymore and that all existing recordings must be deleted.
Consult with Lawyer: 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
With the implementation of new laws like the BNS and increased awareness, the police are generally more sensitive and proactive in cases involving crimes against women and privacy violations. Upon receiving a complaint, they are mandated to register an FIR under the appropriate sections. The investigation typically involves seizing the electronic devices (phones, laptops, hard drives) of the accused for forensic analysis to recover the recordings and any evidence of their transmission. Both the victim’s and the accused’s statements will be recorded as per the procedure laid down in the Bharatiya Nagarik Suraksha Sanhita (BNSS).
FAQs people normally have
What if he says his ex-partners consented? Does that matter for my case?
No. The consent of other individuals in their own separate relationships is completely irrelevant to your situation. Consent is personal and cannot be transferred or assumed based on someone’s past behaviour with others.
Is it legal if I agreed to be recorded once?
Consent is not a blanket approval. Consenting on one occasion does not grant permission for all future instances. Furthermore, even if you consented to the recording, you did not consent to its storage indefinitely or its distribution. Sharing it with anyone without your explicit permission is illegal.
What if he threatens to release the video if I leave him?
This is a form of criminal intimidation and blackmail, which are serious offences under the BNS. If this happens, you should immediately report it to the police. The law provides strong protection against such coercive tactics.
What evidence is required?
To build a strong case, the following evidence is crucial:
The victim’s detailed statement.
The electronic device(s) used for recording and storage.
The video or image file itself, recovered through forensic analysis.
Any communication (chats, emails, call recordings) where the accused admits to the recording or threatens to share it.
Witness testimonies, if anyone else was aware of the accused’s habit or the existence of the recordings.
How long will the investigation take?
The duration of an investigation can vary. A straightforward case might take a few weeks to a couple of months. However, it can take longer depending on factors such as the workload of the forensic science laboratory (FSL), the complexity of recovering deleted data, and whether the material has been uploaded to multiple online platforms, which would require coordination with intermediaries.
Advocate Sudhir Rao, Supreme Court of India