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

A young woman named Aisha, aged 22, frequently stayed over at her uncle, Mr. Sharma’s, residence in the city of Ratanpur. She shared a room with her cousin, Priya, and felt secure within the family environment. This trust was shattered when Priya discovered that her own brother, Rohan, had been secretly taking inappropriate videos and pictures of Aisha while she was asleep. Priya found this content on a shared cloud storage account, ‘CloudVault’, that Rohan used. Devastated and betrayed, Aisha confided in her parents, who were determined to confront Rohan and his father. However, Aisha was fraught with anxiety, worried that Rohan might deny everything, refuse to hand over his phone, and that the police might be uncooperative. She also feared potential retaliation from Rohan if she reported the matter to his university, the Ratanpur Institute of Technology.

Advice in such cases

Dealing with a violation of privacy, especially by a family member, is incredibly distressing. It is crucial to handle the situation systematically to ensure justice and prevent further harm.

• Preserve all available evidence immediately. This includes screenshots, account details, and any communication related to the discovery of the videos and pictures. Do not delete anything.
• Document everything. Write down a timeline of events, including when you stayed at the house, when the content was discovered, and who has been informed.
• Avoid direct confrontation with the accused without a plan. An unplanned confrontation might lead them to destroy evidence.
• 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 actions described fall primarily under the offence of “voyeurism” as defined in the Bharatiya Nyaya Sanhita (BNS), 2023. The relevant legal provisions are:

• Section 70 of the Bharatiya Nyaya Sanhita (BNS), 2023: This section specifically addresses voyeurism. It criminalizes the act of capturing an image or video of a woman engaging in a private act in circumstances where she would have a reasonable expectation of not being observed. A “private act” includes an act of a kind that is not ordinarily done in public. The first conviction can lead to imprisonment of one to three years and a fine. A subsequent conviction can result in imprisonment of three to seven years and a fine.
• Provisions of the Information Technology Act, 2000: If the captured images or videos are transmitted or published electronically, additional charges may be applicable under this Act for publishing or transmitting obscene or sexually explicit material.

If you are the complainant

If you decide to file a formal complaint, you are the complainant. Your role is central to the legal process.

• Your first step is to file a First Information Report (FIR) at the local police station. According to the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, an offence against a woman must be recorded by a woman police officer.
• Provide a detailed, chronological account of the incident to the police. Be clear and factual.
• Submit all the evidence you have preserved. The police will seize electronic devices like phones, laptops, and hard drives of the accused for forensic analysis.
• 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, your well-being is the top priority. The legal process can be emotionally taxing, so it is important to take care of yourself.

• Seek emotional support from trusted family members, friends, or a professional counsellor. The betrayal by a family member can be deeply traumatic.
• Understand your rights. You have the right to privacy during the investigation and trial. The law mandates that your identity be protected.
• You can request a copy of the FIR free of cost. This is your right under the law.
• Do not feel pressured to withdraw the complaint. Your safety and dignity are paramount.
• 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

While experiences can vary, the law has specific procedures for such sensitive cases. Ideally, the police should be supportive and professional.

• Upon receiving a complaint of this nature, the police are mandated to register an FIR immediately.
• The investigation will be conducted by an officer, and in cases involving women, a female officer is often assigned or involved.
• The primary step for the police will be to secure the digital evidence. They have the authority to seize the accused’s phone, computer, and other storage devices. A refusal to cooperate can be an additional offence.
• The seized devices will be sent to a Forensic Science Laboratory (FSL) for analysis to recover the alleged videos/photos, even if they have been deleted.
• If you feel the local police are not taking appropriate action, you have the right to approach a senior police officer (like the Superintendent of Police) or file a complaint directly with the Magistrate under Section 156(3) of the BNSS.

FAQs people normally have

What evidence is required?

Strong evidence is key to a successful prosecution. The following are crucial:

• Digital Evidence: Screenshots of the cloud account, the videos/photos themselves, and any related digital trail. The electronic devices of the accused are the most critical pieces of evidence.
• Witness Testimony: The testimony of the person who discovered the content (in this case, the cousin sister Priya) is extremely important. Your own testimony as the victim is also central.
• Circumstantial Evidence: Proof that the accused had access to the room and the opportunity to commit the act.

How long will the investigation take?

The duration of an investigation can vary. As per the BNSS, the investigation in such cases should ideally be completed within a specific timeframe. However, delays can occur due to factors like the complexity of forensic analysis of digital devices, which can sometimes take several months. A lawyer can help in filing applications to expedite the process if there are undue delays.

Advocate Sudhir Rao, Supreme Court of India