Section 66E IT Act: Punishment for violation of privacy

Section 66E IT Act punishes the violation of bodily privacy through visual images. An offence is committed when anyone intentionally or knowingly captures, publishes, or transmits the image of a private area of any person without that person's consent, under circumstances violating the privacy of that person. Capturing, publishing, and transmitting are separate acts, so doing any one of them without consent in such circumstances completes the offence.

The Explanation to Section 66E IT Act defines five key terms in order. Under clause (a), 'transmit' means sending a visual image electronically with the intent that one or more persons view it. Under clause (b), 'capture' of an image means videotaping, photographing, filming, or recording by any means. Under clause (c), 'private area' means the naked or undergarment-clad genitals, pubic area, buttocks, or female breast. The Act as published read 'public area', and a corrigendum in the Gazette of India dated 5 February 2009 corrected that phrase to 'pubic area'. Under clause (d), 'publishes' means reproducing the image in printed or electronic form and making it available to the public.

Clause (e) of the Explanation defines 'under circumstances violating privacy' as situations where a person can have a reasonable expectation of either of two things. Under sub-clause (i), the person can reasonably expect to disrobe in privacy without concern that an image of that person's private area is being captured. Under sub-clause (ii), the person can reasonably expect that no part of that person's private area would be visible to the public, regardless of whether that person is in a public place or a private place.

Violation of privacy under Section 66E IT Act is punishable with imprisonment for up to 3 years, a fine of up to ₹2 lakh instead of imprisonment, or both. Under Section 77B IT Act, the offence is cognizable, allowing police to register an FIR and arrest without a warrant, and bailable, giving the arrested person a right to bail. Under Part II of the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), a Magistrate of the first class tries the case. Under Section 77A IT Act, the court may compound (settle) the offence, except where the accused is liable to enhanced punishment because of a previous conviction, or where the offence affects the socio-economic conditions of the country or was committed against a child below 18 years or a woman. Separately, Section 77 BNS (formerly Section 354C of the Indian Penal Code) punishes voyeurism against a woman. Separately, Section 77 BNS (formerly Section 354C of the Indian Penal Code) punishes voyeurism against a woman. Separately, Section 77 BNS (formerly Section 354C of the Indian Penal Code) punishes voyeurism against a woman. Separately, Section 77 BNS (formerly Section 354C of the Indian Penal Code) punishes voyeurism against a woman. Separately, Section 77 BNS (formerly Section 354C of the Indian Penal Code) punishes voyeurism against a woman. Separately, Section 77 BNS (formerly Section 354C of the Indian Penal Code) punishes voyeurism against a woman. Separately, Section 77 BNS (formerly Section 354C of the Indian Penal Code) punishes voyeurism against a woman.

Section 77B IT Act makes an offence punishable with imprisonment of 3 years cognizable and bailable. Under Part II of the First Schedule to the BNSS it is tried by a Magistrate of the first class. Section 77A IT Act lets the court compound it, but not where the accused is liable to enhanced punishment because of a previous conviction, or where the offence affects the socio economic conditions of the country or was committed against a child below 18 years or a woman.