Section 66E of Information Technology Act, 2000

In the age of internet and social media, there is a risk of violation of privacy either by capturing and publishing images of private areas of any person by any person, which could feel humiliation. Therefore to protect any person against such privacy violation, Section 66E was inserted in the Information and Technology Act, 2000. This gender neutral section applies when any person’s privacy is violated which provides for the harshest punishments together with fine.

                                        

        Section 66E of Information Technology Act, 2000 deals with punishment to any person who  violates the privacy of any  person. In case of violation  of privacy by, intentionally or knowingly, capturing, publishing or transmitting the image of a private area of any person without his or her consent, he or she shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees or with both.

For the purposes of the section –

Transmit means to electronically send a visual image with the intent that it be viewed by a person or persons;

Capture, with respect to an image means to videotape, photograph, film or record by any means;

Private area means the naked or undergarment clad genitals, pubic area, buttocks or female breast;

Publishes means reproduction in the printed or electronic form and making it available for public;

Under circumstances in which a person can have a reasonable expectation that –

i. he or she could disrobe in privacy, without being concerned that an image of his private area was being captured; or

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.

 
Offence under Section 66E is bailable and compoundable