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.

Mr.X and his friend Mr.Y were conducting a simple pre-wedding photoshoot in Area X, a busy commercial district in City A. They had minimal equipment – just a basic camera – and were taking casual photographs like many tourists and locals do daily. Without any warning, local police officers approached them, questioning their activity and threatening to confiscate their camera equipment. The officers claimed they needed special permits for photography and imposed an on-spot fine. Mr.X was confused as they weren’t using professional lighting, tripods, or creating any obstruction to public movement. The incident escalated when police insisted on checking their camera for “inappropriate content” and demanded immediate payment of penalties. This situation left both individuals distressed and uncertain about their legal rights regarding casual photography in public spaces.

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.

Always remain calm and polite with police officers while asserting your rights. Document the entire interaction using your mobile phone if possible. Request the officer’s name, badge number, and station details. Demand proper documentation if any fine is imposed – never pay cash without official receipts. Understand that casual photography in public places is generally legal unless specifically prohibited by local authorities through proper notifications.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), several sections may apply to such situations. Section 132 BNS deals with assault or criminal force on public servants if there’s any physical altercation. Section 351 BNS covers criminal intimidation if police officers threaten unlawfully. The Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 35 provides guidelines for search and seizure procedures. Additionally, Article 19(1)(a) of the Constitution guarantees freedom of expression, which includes the right to photography in public spaces, subject to reasonable restrictions under Article 19(2).

If You Are the Complainant

File a formal complaint at the nearest police station against the officers involved, providing all relevant details and evidence. Submit a complaint to the District Police Chief or Superintendent highlighting the harassment and illegal confiscation. Approach the local magistrate court for immediate relief and return of confiscated equipment. Contact the State Human Rights Commission if fundamental rights were violated during the incident. Document all expenses incurred due to the incident for potential compensation claims. Gather witness statements from bystanders who observed the police behavior during the incident.

If You Are the Victim

Immediately request the legal basis for confiscation and demand to see written orders or notifications prohibiting photography. Insist on proper seizure memo with detailed inventory of confiscated items and officer signatures. Record the conversation and take photographs of the officers involved if they permit. Contact a lawyer immediately and inform family members about the situation. Do not sign any documents without legal consultation or admit to any wrongdoing. Cooperate with reasonable requests but firmly assert your constitutional rights to free expression and movement.

How the Police Behave in Such Cases

Police often claim photography requires permits to extract bribes from unsuspecting citizens. They may threaten confiscation or arrest to create fear and pressure for immediate payment. Some officers genuinely believe commercial photography and casual photography have same legal requirements. They might check camera contents claiming security concerns but often exceed their legal authority. Professional photographers face more scrutiny compared to casual photographers. Documentation of the interaction often makes police more cautious about their approach.

FAQs People Normally Have

Q: Do I need permission for casual photography in public places?
A: Generally no, casual photography in public areas is legal under freedom of expression rights, unless specifically restricted by local authorities.

Q: Can police check my camera without warrant?
A: Police need reasonable grounds and proper procedures under BNSS for searching personal belongings, including cameras.

Q: What if police demand on-spot fine?
A: Always demand written challan with proper receipts. Cash payments without documentation are illegal and potentially corrupt practices.

Q: Can police confiscate camera permanently?
A: Temporary seizure requires proper documentation and legal justification. Permanent confiscation needs court orders or specific legal violations.

What Evidence Is Required?

• Video or audio recording of the police interaction and their demands
• Photographs of officers involved, their badge numbers and vehicle details
• Witness contact information and statements from bystanders present during incident
• Any documents or receipts provided by police during the encounter
• Screenshots or records of any electronic payments made under pressure
• Medical records if any physical force was used during the incident
• Camera equipment purchase receipts proving ownership of confiscated items

How Long Will the Investigation Take?

Police complaints typically require 15-30 days for preliminary investigation. Court proceedings for equipment recovery may take 2-6 months depending on case complexity. Human rights commission complaints usually get addressed within 3-4 months. Criminal cases against police officers can extend for 6 months to several years. Administrative actions against erring officers typically conclude within 60-90 days of formal complaints.

Advocate Sudhir Rao, Supreme Court of India