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Mar 5, 2022

Is revenge porn a crime in India?

Trigger Warning: This post contains information about sexual abuse which some readers may find disturbing.

The Allahabad High Court has denied bail to an accused, saying that knowledge of intimate images does not give them the permission to misuse the same, and that it is the role of the courts to protect the rights of the victims of such abuse.

What is revenge porn?

Image-based sexual abuse (IBSA), infamously known as “revenge porn”, refers to the posting of private sexual images on an online platform without the consent of the person photographed.

Is IBSA a crime in India?

While there is no specific direction for handling such matters, revenge porn falls under the purview of both the Indian Penal Code of 1860 and the Information Technology Act, 2000. It was first recognised in the case of State of West Bengal v. Boxi in 2018.

Is IBSA punishable?

Yes. Image-based sexual abuse or revenge porn is considered sexual harassment under section 354A of the Indian Penal Code, 1860. It additionally attracts provisions of privacy violation and publication of obscene material under sections 66E, 67 and 67A of the Information Technology Act, 2000.

Are any further legal steps being taken on IBSA?

A provision has been inserted in the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, for detecting the originator of information in messaging applications. This would be helpful in identifying the perpetrators and those who contributed to make the data go “viral”.

To know more about online abuse, read here.

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