Section 66E of ITA, 2000 : Section 66E: Punishment For Violation Of Privacy

Bare Act

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, pubic 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 -
  1. (i) he or she could disrobe in privacy, without being concerned that an image of his private area was being captured; or
  2. (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.

Simplified Act

If someone deliberately or knowingly takes a picture or video of someone else's private body parts without their permission, or shares or sends these images in a way that invades that person's privacy, they can be sent to jail for up to three years, fined up to two lakh rupees (200,000 rupees), or both. Explanation - To understand this law:

• (a) Transmit means to send an image through electronic means with the intention that someone will see it;
• (b) Capture means to take a photo, video, or recording of something;
• (c) Private area refers to the parts of the body that are usually covered by underwear, such as the genitals, pubic ...

Explanation using Example

John and Jane are college students who share a mutual friend group. One day, John secretly takes a photograph of Jane in a compromising situation during a private party without her consent. Later, he shares this photograph electronically with several friends, intending for them to view it. This act of John's is a violation of Section 66E of The Information Technology Act, 2000. He has...