A person distributing my nude picture through whatsapp to everyone

680 votes

this is really disgusting.....everybody who ever is participating in spreading the nude picture can be incriminated under criminal law...inaction from ur part is egging them on otherwise..meet some lawyer for advice....

Advocate Riti Sarkar LawRato

662 votes

What has happened to you is a clear case of defamation with intention to black mail. You can file a case praying for compensation as well as restraining your friend from any further share of the video . He can be booked for cyber crime under IT Act 2000 .

Advocate GK Gupta LawRato

867 votes

You can lodge a complaint with the CID Police narrating all the allegations giving the phone number from which the incriminating contents have been distributed. As the contents are in electronic form, the investigation is required to be done with assistance from Forensic experts to ascertain the authenticity of the original source of the contents. Optionally, you can file civil or criminal cases for defamation. But in all the cases proof of the contents is important, which should be as per the provision of I.T.Act.

Advocate Supratim Deb Purkayastha LawRato

891 votes

Dear XYZ,
You may file an FIR as soon as possible in the nearest Police Station. Or file a complaint to the magistrate which falls under the jurisdiction you live.
“Right to freedom of speech and expression” is a fundamental right guaranteed to all citizens of India (The Constitution of India, 1950, article 19(1) (a)). However, this right is subject to “reasonable restrictions” (The Constitution of India, 1950, article 19(2)). Thus, sending of “grossly offensive or menacing information, false information to cause annoyance, inconvenience, danger, insult, injury, criminal intimidation, enmity, hatred, or ill will, or messages that will cause annoyance or inconvenience or deceive or mislead the recipient about the origin of such messages, by means of a computer resource or a communication device” is an offence punishable with “imprisonment up to three years and fine” (IT Act, section 66A). The broad terms used in the section should be interpreted in light of the fundamental right to freedom of speech and expression. The following acts may be punishable under section 66A, IT Act:

Sending ‘dirty’ jokes, objectionable pictures, and false, defamatory information.
Sending threatening or extortive messages via e-mail/SMS/MMS. Sending of threat-mails and SMSes is also punishable under section 506 (“punishment for criminal intimidation”) and section 507 (“criminal intimidation by an anonymous communication”) of the IPC.

Advocate Jeram Tikkom LawRato

993 votes

Was the photo taken without your permission???
Taking pictures of someone without consent when they are in private premises contravenes privacy laws that applies to photographers.
If the pictures are also sexual in nature or used for sexual gratification then Sec 67, 67A and 67B of IT Act, 2008 kicks in.
Sec 66E of IT Act , 2008 also recommends higher penalties for offenders who record and share images of others .
Obscenity laws prohibiting the making and dissemination of obscene images can be applied too.
Any picture or content linked to a threat counts as harassment and could be prosecuted under IPC.
Offender can also be booked under sec 500 and 506 of IPC for defamation...sec 504 of IPC may be applied as well.
Be bold!!! Law will back you!!!

Advocate Manish Dewan LawRato