Karnataka police mandate FIRs in cases of non-consensual sharing of intimate images
The Karnataka police have issued comprehensive guidelines mandating the registration of FIRs in cases involving the unauthorised sharing of private or intimate photographs and videos
The Karnataka police have issued comprehensive guidelines mandating the registration of FIRs in cases involving the unauthorised sharing of private or intimate photographs and videos, including incidents of revenge pornography, sextortion, and online blackmail. In a Standing Order issued on Monday, the Director-General and Inspector-General of Police (DGP and IGP), M.A. Saleem, directed all police officers across the State to take prompt action on complaints related to the non-consensual dissemination of intimate content and ensure uniform implementation of the law. The order comes amid concerns that some police stations were refusing or delaying the registration of complaints on the grounds that the victims had initially consented to the recording of the images or videos. Clarifying the legal position, the DGP stated that consent to capture an image or video does not amount to consent for its publication or circulation.
The directive cites the Supreme Court’s landmark judgment in Justice K.S. Puttaswamy (Retd.) vs Union of India, which recognised the right to privacy as a fundamental right under Article 21 of the Constitution. Police officers have been instructed to invoke appropriate provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, and the Information Technology Act, 2000, while registering cases. These include Section 77 of the BNS relating to voyeurism, Section 66E of the IT Act concerning violation of privacy, and Sections 67 and 67A dealing with the publication or transmission of obscene and sexually explicit material in electronic form. The Standing Order makes it clear that FIRs must be registered immediately upon receipt of complaints involving unauthorised sharing of intimate content, regardless of whether the victim had earlier consented to the recording of the material.
In cases where intimate images or videos are used to extort money, sexual favours or other benefits, investigating officers have been directed to invoke relevant provisions relating to extortion and criminal intimidation in addition to cybercrime offences. The order also reiterates the mandatory registration of Zero FIRs when offences occur outside the territorial jurisdiction of the police station receiving the complaint. Such cases must subsequently be transferred to the appropriate police station without delay, the order stated. To prevent further harm to victims, police have been directed to coordinate with online platforms and intermediaries for the swift removal or blocking of objectionable content while preserving digital evidence for investigation and prosecution. The DGP has also emphasised the protection of victims’ identities and directed officers to handle complainants with sensitivity and dignity.
The BriefWire