Karnataka mandates instant FIR for non-consensual sharing of private photos, videos

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Karnataka mandates instant FIR for non-consensual sharing of private photos, videos

Synopsis

Karnataka has codified what many states only promise: a binding police order that strips away the 'prior consent' excuse used to stall FIRs in revenge pornography and sextortion cases. Standing Order 1061 doesn't just direct action — it threatens disciplinary consequences for officers who delay, making accountability a two-way street.

Key Takeaways

The Karnataka government on 26 June made it mandatory for police to register an FIR immediately in all cases of non-consensual sharing of private photos or videos.
Home Minister Priyank Kharge warned that officers citing 'prior consent' to delay FIR registration will face disciplinary action .
Saleem issued Standing Order 1061 , clarifying that consent to record does not imply consent to share.
The guidelines cover blackmail , sextortion , and revenge pornography , and are explicitly gender-neutral .
Penalties range from 1–7 years' imprisonment and fines up to ₹10 lakh depending on the applicable provision.
Police must issue immediate takedown notices to social media platforms and preserve digital evidence under the IT Rules, 2021 .

The Karnataka government on Friday, 26 June issued sweeping directives to police stations across the state, making it mandatory to register a First Information Report (FIR) without delay in all cases involving the publication or circulation of a person's private or intimate photographs and videos without their consent. The order, triggered by instructions from Home Minister Priyank Kharge, targets cybercrimes including blackmail, sextortion, and revenge pornography.

What the Order Says

Home Minister Priyank Kharge invoked Article 21 of the Constitution — the Right to Privacy, as affirmed by the Supreme Court in the Justice K.S. Puttaswamy judgment — to underscore the legal basis for the directive. He warned that any police officer who refuses to register an FIR or delays registration by citing 'prior consent' as a ground will face serious disciplinary action.

Kharge directed all Police Commissioners, Range Inspectors General of Police (IGPs), and Superintendents of Police (SPs) to ensure strict implementation at every police station in the state.

Standing Order 1061: Key Provisions

Acting on the Minister's instructions, Karnataka Director General and Inspector General of Police (DG & IGP) M.A. Saleem issued comprehensive guidelines under 'Standing Order 1061' to enforce uniform compliance. The guidelines establish a critical legal distinction: consent to capture a photograph or video does not constitute consent for its publication or circulation.

Even if a victim had initially agreed to the recording of an image or video, sharing or disseminating it without explicit consent is classified as a cognisable offence. This clarification draws from Explanation 2 to Section 77 of the Bharatiya Nyaya Sanhita (BNS), 2023, and the Information Technology (IT) Act, 2000. Notably, the guidelines explicitly state that these laws are gender-neutral.

The order also mandates registration of a Zero FIR under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — meaning officers at any police station must register the complaint immediately even if the offence falls outside their jurisdiction, and then transfer the case to the appropriate station.

Legal Penalties Under Applicable Laws

The guidelines consolidate penalties across multiple statutes. Under Section 77 of the BNS, 2023 (voyeurism), capturing or disseminating images of a woman's private acts without consent carries imprisonment of one to three years for a first offence and three to seven years for repeat offences, along with a fine.

Under Section 66(E) of the IT Act, 2000 (violation of privacy), the penalty is imprisonment of up to three years or a fine of up to ₹2 lakh. Sections 67 and 67A of the same Act, which deal with publishing or transmitting obscene or sexually explicit material electronically, prescribe imprisonment of three to seven years and fines between ₹5 lakh and ₹10 lakh.

Victim Protection and Digital Evidence Measures

The Standing Order mandates strict confidentiality of victim identities. Wherever possible, complaints by women victims must be recorded by women police officers. Investigating Officers are also required to coordinate with the CID Cyber Division for technical assistance.

Police have been directed to immediately issue notices to social media platforms and other intermediaries under the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 for prompt removal or blocking of unlawful content, and to preserve digital evidence in accordance with legal procedures.

With Standing Order 1061 now in force, Karnataka becomes one of the few states to issue a codified, statewide protocol specifically addressing non-consensual intimate image abuse — a test of whether ground-level enforcement can match the strength of the directive.

Point of View

The state puts accountability pressure on individual officers, not just institutions. What remains to be seen is whether the CID Cyber Division has the bandwidth to support investigations at scale, and whether victim confidentiality mandates survive contact with ground-level policing. The gender-neutral framing is significant but will need active monitoring to ensure it does not inadvertently dilute protections for women, who remain the overwhelming majority of victims in such cases.
NationPress
26 Jun 2026

Frequently Asked Questions

What does Karnataka's new FIR mandate for non-consensual image sharing mean?
It means police across Karnataka must register an FIR immediately upon receiving a complaint about the publication or circulation of someone's private or intimate photos or videos without their consent. Officers can no longer cite 'prior consent to recording' as a reason to delay or refuse registration — doing so will now attract disciplinary action.
What is Standing Order 1061 issued by Karnataka police?
Standing Order 1061 is a comprehensive set of guidelines issued by Karnataka DG & IGP M.A. Saleem to enforce uniform implementation of the new directive across all police stations in the state. It clarifies that consent to capture an image or video does not amount to consent for its sharing, and it mandates Zero FIR registration, victim confidentiality, and coordination with the CID Cyber Division.
What are the legal penalties for non-consensual sharing of intimate images in Karnataka?
Under Section 77 of the Bharatiya Nyaya Sanhita, 2023, the penalty is one to three years' imprisonment for a first offence and three to seven years for subsequent offences. Section 66(E) of the IT Act, 2000 provides for up to three years' imprisonment or a fine of up to ₹2 lakh, while Sections 67 and 67A prescribe three to seven years' imprisonment and fines between ₹5 lakh and ₹10 lakh.
Are these laws gender-neutral?
Yes. The Karnataka guidelines explicitly state that the applicable provisions under the Bharatiya Nyaya Sanhita, 2023 and the IT Act, 2000 are gender-neutral, meaning they apply to victims of any gender. However, the order also specifies that complaints by women victims should, wherever possible, be recorded by women police officers.
What happens if the offence falls outside the jurisdiction of the police station where the complaint is filed?
Officers must immediately register a Zero FIR under the Bharatiya Nagarik Suraksha Sanhita, 2023, regardless of jurisdictional limits, and then transfer the case to the appropriate police station. This provision ensures that victims are not turned away on technical grounds.
Nation Press
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