FIR mandatory in non-consensual sharing of private photos, videos (Img: Dynamite News)
Bengaluru: In a landmark move, the Karnataka government on Friday issued stringent directions to police across the State to register an FIR without delay in all cases involving the publication or circulation of a person's private or intimate photographs and videos without their consent.
The move comes following instructions from Home Minister Priyank Kharge, who directed the police to take strict action against cybercrimes such as blackmail, sextortion and revenge pornography.
Issuing a stern warning, Home Minister Priyank Kharge said that the Right to Privacy is a fundamental right guaranteed under Article 21 of the Constitution, as affirmed by the Supreme Court in the Justice K.S. Puttaswamy judgment.
"In such sensitive cases, any police officer who refuses to register an FIR or delays registration by citing the erroneous ground of 'prior consent' will face serious disciplinary action," the Minister said.
Kharge further directed all Police Commissioners, Range Inspectors General of Police (IGPs) and Superintendents of Police (SPs) to ensure that every police station in Karnataka strictly implements the new directions. Following the Minister's directions, the Karnataka Director General and Inspector General of Police (DG & IGP) M.A. Saleem has issued comprehensive guidelines under 'Standing Order 1061' to ensure uniform implementation across the State.
According to the guidelines, consent to capture a photograph or video does not amount to consent for its publication or circulation. Even if a victim had initially agreed to the recording of an image or video, sharing or disseminating it without explicit consent constitutes a cognisable offence.
The clarification is based on Explanation 2 to Section 77 of the Bharatiya Nyaya Sanhita (BNS), 2023, and the provisions of the Information Technology (IT) Act, 2000. The guidelines further clarify that these laws are gender-neutral. The police have been instructed to mandatorily register an FIR immediately upon receiving complaints relating to blackmail videos, sextortion and revenge pornography.
Officers have been specifically directed not to refuse or delay the registration of complaints on the grounds that the victim had earlier consented to the recording of the images or videos. The order also reiterates the provision for registering a Zero FIR under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
Even if the offence falls outside the jurisdiction of the police station where the complaint is lodged, officers must immediately register a Zero FIR and subsequently transfer the case to the appropriate police station. The Standing Order further directs Investigating Officers to invoke all applicable penal provisions based on the facts of the case, even if the complainant has not specifically cited them.
Under Section 77 of the Bharatiya Nyaya Sanhita, 2023, relating to voyeurism, capturing or disseminating images of a woman's private acts without consent is punishable with imprisonment ranging from one to three years for a first offence and three to seven years for subsequent offences, along with a fine.
Section 66(E) of the Information Technology Act, 2000, dealing with violation of privacy, provides for imprisonment of up to three years or a fine of up to Rs 2 lakh for capturing or transmitting images of a person's private parts without consent. Further, Sections 67 and 67A of the IT Act prescribe imprisonment ranging from three to seven years and fines between Rs 5 lakh and Rs 10 lakh for publishing or transmitting obscene or sexually explicit material in electronic form.
The guidelines also require police to immediately issue notices to social media platforms and other intermediaries under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, to ensure the prompt removal or blocking of unlawful content from online platforms.
Authorities have also been instructed to preserve digital evidence in accordance with legal procedures. To protect victims, the order mandates strict confidentiality of their identities.
Police have been directed to handle complainants with sensitivity, and wherever possible, complaints by women victims should be recorded by women police officers. Investigating officers have also been instructed to coordinate with the CID Cyber Division for technical assistance during investigations.
