Revenge Porn Laws

Digitalization has become both blessing and curse in the present world, an increase in digitalization has also resulted in a sharp rise in crimes in the virtual field; one such cybercrime is revenge porn. With unlimited internet, revenge pornography is now being used as a modern tool to use against people for egoistic desires and torture the victim both mentally and physically.

One may not find the incidences of revenge porn in the news headlines frequently in India, however it does not mean that the issue is not serious enough and shall be ignored.

What is Revenge Porn?

Revenge porn could be understood as the act of distributing sexually explicit images or videos of individuals without their consent. These sexually explicit images or videos could be made by the  partner of an intimate relationship with knowledge and consent of the subject, or it could be made without their knowledge.

Legal Remedies

In India, women suffer from crimes and sexual violence almost on a daily basis. With all such  sufferings, these crimes, generally, go unreported for fear of society and stigmas. Technological advancement has also resulted in various heinous crimes, however revenge porn is the most  commonly committed crime. After an image or video is posted on a site online, it could be accessed by anyone. Even after being deleted from such a site, anyone having a copy of such materials can upload it at some other platform and the material would get circulating.

But, in India, at present, no specific law has been provided to deal with revenge porn. But, several sections have been provided under the Indian Penal Code, 1860 (IPC) and the Information Technology Act, 2000 (IT Act) which could be applied when sentencing the offenders.

Indian Penal Code, 1860

Section 292

The Section deals with the selling, hiring, distributing, publicly exhibiting or in any other  manner circulating obscene materials etc.

Section 354C: Voyeurism

Any individual who watches, or captures an image of a woman who is engaged in such a private act, where she usually has the expectation of not being observed either by a perpetrator or any other person at the behest of the perpetrator or disseminates such image.

Section 499: Defamation

When a person, by words- spoken or written, or by signs or through some visible representations, slanders a person with an intention to harm, or knowing or having reason to believe that such insinuation will harm the reputation of such person, is said to have defamed such person.

Section 509: Word, gesture or act intending to insult the modesty of a woman

Whoever with an intention of insulting the modesty of a woman, utters such word, makes sound or gesture, or exhibits such object, with an intention that such word or sound will be heard, or that such gesture or object would be seen, by such woman, or even intrude upon the privacy of a  woman, will be punished with simple imprisonment for a period extending up to one year, or with fine, or both.

Information Technology Act, 2000 

Section 66E: Violation of privacy- Punishment

A person, who, intentionally or knowingly captures, publishes or transmits image of a private area of a person without his or her consent, by violating the privacy of that person, will be punished with imprisonment for a term extending up to three years or with fine not exceeding the amount of Rs 2 lakh, or with both.

Section 67

Provides for punishment for publishing or transmitting obscene materials in electronic form.

Section 67A

Provides for punishment for publishing or transmitting materials containing sexually explicit act, etc., in an electronic form.[3]

Section 72

Provides for penalty for breach of confidentiality and privacy.[4]

Case Law

In the judgement of State of West Bengal v Animesh Boxi,  the Judicial Magistrate of Tamluk District Court (West Bengal) held Animesh Boxi, a final year engineering student guilty of uploading the intimate videos of his former girlfriend on porn websites under section 354A/354C/354D/509 of Indian Penal Code and sections 66E/66C/67/67A Information Technology Act 2000 (Amendment 2008). The court sentenced him with 5-year imprisonment and fine of Rs. 9000. He had been charged

The Court observed that Boxi demanded sexual favours from the victim and captured her images under such circumstances where she would not have expected to be observed, and distributed these images online. Lack of physical injury to the victim was not relevant as the injury caused to the reputation would fall within the ambit of ‘injury’ as has been provided under Section 44 of the IPC.

Conclusion

For a long time there has been a debate going over the effectiveness of laws to ensure that each  woman is provided with security across board, there has to be a holistic approach towards  problems faced in such situations. There are two types of approach which have to be considered when facing a problem- awareness and implementation. In case you are facing problems related to cybercrime, it is important that you immediately take appropriate actions, in order to minimise the harm done. It would, therefore, be favourable to contact an experienced advocate who deals with similar matters.

Lead India offers you a team of advocates who have been successfully dealing with similar matters. Therefore, if you wish to talk to a lawyer or seek free legal advice online, you may contact us.