Information Technology Act Section 66E — Punishment for violation of privacy
CHAPTER XI OFFENCES
Cyber Law
Summary
This section creates the offence of violating a person's privacy by capturing, publishing, or transmitting an image of their private area. The punishment for this offence is imprisonment for up to three years, or a fine of up to two lakh rupees, or both. The offence is committed only when the act is done intentionally or knowingly, without the person's consent, and under circumstances that violate that person's privacy.
The Explanation defines the key terms used in this section.
Under clause (a) of the Explanation, "transmit" means to electronically send a visual image with the intention that it be viewed by another person or persons.
Under clause (b) of the Explanation, "capture" means to videotape, photograph, film, or record an image by any means.
Under clause (c) of the Explanation, "private area" means the naked or undergarment-clad genitals, public area, buttocks, or female breast.
Under clause (d) of the Explanation, "publishes" means reproducing the image in printed or electronic form and making it available to the public.
Under clause (e) of the Explanation, "under circumstances violating privacy" means circumstances where a person can reasonably expect that they could disrobe in privacy without worrying that an image of their private area was being captured, or that any part of their private area would not be visible to the public, regardless of whether the person is in a public or private place.
Official Text
Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both.
Explanation.–For the purposes of this section–
(a) ―transmit‖ means to electronically send a visual image with the intent that it be viewed by a person or persons;
(b) ―capture‖, with respect to an image, means to videotape, photograph, film or record by any means;
(c) ―private area‖ means the naked or undergarment clad genitals, public area, buttocks or female breast:
(d) ―publishes‖ means reproduction in the printed or electronic form and making it available for public;
(e) ―under circumstances violating privacy‖ means circumstances in which a person can have a reasonable expectation that–
(i) he or she could disrobe in privacy, without being concerned that an image of his private area was being captured; or
(ii) any part of his or her private area would not be visible to the public, regardless of whether that person is in a public or private place.