Bengaluru: Karnataka Police have directed officers across the state to compulsorily register FIRs in cases involving the sharing or publication of intimate photos and videos without the consent of the person concerned.

The order comes amid a rise in complaints from victims of sextortion, blackmail and revenge pornography, many of whom alleged that police either delayed action or refused to register cases.

Complaints Were Being Dismissed

According to the police, some officers had been rejecting complaints on the assumption that if a person had consented to being photographed or filmed, they had also consented to the content being shared.

In a directive issued on June 15, Director General and Inspector General of Police (DG-IGP) M.A. Saleem clarified that the two forms of consent are entirely different in the eyes of the law.

“Consent to capture and consent to disseminate are two entirely separate legal concepts. Even if a victim had agreed to be photographed or filmed, sharing that content with a third party without their permission constitutes a cognisable offence,” the order stated.

Supreme Court Privacy Ruling Cited

The directive refers to the Supreme Court’s landmark judgment in the Justice K.S. Puttaswamy (Retd.) vs Union of India case (2017), which recognised the Right to Privacy as a fundamental right under Article 21 of the Constitution.

The ruling affirmed that individuals have the right to bodily privacy and control over how their personal information is shared or disseminated.

What Action Can Be Taken?

The order states that sharing intimate content without consent can amount to voyeurism and attract prosecution under Section 77 of the Bharatiya Nyaya Sanhita (BNS).

Under the law, capturing or distributing images of a woman engaged in a private act without her consent can lead to imprisonment ranging from one to three years for a first offence and three to seven years for repeat offences.

Apart from the BNS, offenders can also be booked under Sections 66(E), 67 and 67(A) of the Information Technology Act.

Publishing or transmitting images of a person’s private areas without consent can attract a jail term of up to seven years. These provisions of the IT Act are gender-neutral and can be invoked regardless of the victim’s gender.

Warning to Police Officers

The DG-IGP warned that strict disciplinary action would be taken against any police officer who refuses or delays the registration of an FIR in such cases.

For complaints involving women, officers have been directed to invoke Section 77 of the BNS along with relevant provisions of the IT Act wherever applicable.

Immediate Takedown of Content

The order also instructs police to promptly issue takedown notices to social media and digital platforms under the IT Act and ensure the preservation of digital evidence at the earliest stage of investigation.