Personal Photos/Videos of You

In India, using someone’s pictures without their permission or posting them online without consent can be a serious violation of their right to privacy. This right is safeguarded under Article 21 of the Indian Constitution, which essentially ensures that every individual has the right to lead a private life free from unwarranted intrusions. So, your sister thinks that her privacy has been breached by the unauthorized use of her photos, she has the option to take legal action. She can file a writ petition and seek civil remedies, such as an injunction to stop the misuse of her images or even claim compensation for the harm caused.

Now, besides the constitutional protections, there are specific laws in place under the Information Technology Act, 2000, and the Bharatiya Nyaya Sanhita 2024, that address such issues.

Under the Information Technology Act, 2000 (IT Act), here’s how the law can step in:

Section 66E of the IT Act deals directly with privacy violations. If someone captures, publishes, or transmits an image of a private area of a person without their consent, they could face up to three years in prison or a fine of up to two lakh rupees, or both. This law is quite clear about protecting individuals from such invasive actions.

Section 67 of the IT Act is about publishing or transmitting obscene material in electronic form. This could apply if the pictures in question are deemed obscene. The penalties are severe, with the first offense carrying a punishment of up to three years in prison and a fine of up to five lakh rupees. If someone is caught again, the penalties increase to five years in prison and a fine of up to ten lakh rupees.

Then, under the Bharatiya Nyaya Sanhita, there are additional provisions that can be used to address these situations:
Section 77 of the BNS deals with voyeurism. This is when someone watches, captures, or records images of a person engaging in a private act without their consent. Importantly, even if a person consents to being photographed but does not consent to those photos being shared with others, the unauthorized sharing can still be prosecuted under this section. The punishment here ranges from one to three years in prison, along with a possible fine.

Section 79 of the BNS addresses acts that insult the modesty of a woman through words, gestures, or any other means. This could come into play if a woman’s pictures are used without her consent in a way that harasses or insults her. The punishment for this can be up to three years in prison, along with a fine.

Section 356 of the BNS is concerned with defamation. This section is relevant if the unauthorized use of pictures leads to the tarnishing of your sister’s reputation. If proven guilty, the person responsible could face up to two years of simple imprisonment, a fine, or both.