Karnataka mandates instant FIR for non-consensual sharing of private photos, videos
Synopsis
Key Takeaways
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.