Violation of Privacy under the IT Act

Section 66E of the Information Technology Act, 2000 criminalises specified non-consensual use of an image depicting a person's private area. It applies when a person intentionally or knowingly captures, publishes or transmits such an image without consent and under circumstances that violate privacy.

Essential ingredients of the offence

Liability requires all the statutory elements to be present; accidental conduct does not satisfy the prescribed mental element.

• The accused must capture, publish or transmit an image of the private area of any person.
• The conduct must occur without that person's consent.
• The accused must act intentionally or knowingly under circumstances violating privacy.

Meaning of the key terms

• To capture means to videotape, photograph, film or record an image by any means.
• To transmit means electronically sending a visual image with the intention that it be viewed by another person or persons.
• To publish means reproducing an image in printed or electronic form and making it available to the public.
• A private area means naked or undergarment-clad genitals, pubic area, buttocks or female breast.
• Privacy is violated where a person could reasonably expect to disrobe without being imaged, or expect the private area not to be visible to the public, regardless of whether the person is in a public or private place.

Scope and punishment

The provision is narrowly directed at non-consensual intimate imagery. Disclosure of personal information, without an image satisfying these conditions, does not by itself constitute this particular offence.

• The punishment may extend to three years' imprisonment, or a fine extending to two lakh rupees, or both.

How UPSC asks this