My colleague took pictures of me in the office without my permission. What is the legal action under

716 votes

The law on taking photographs without permission is that it depends on the circumstances in which the photographs were taken, and the intention behind taking them, whether such act is legal or illegal. If the photographs were taken in a public place and do not violate any reasonable expectation of privacy (REP), it may not be considered an offence. However, if the photographs were taken in a private space (like an office in your case) or with the intention of violating someone's privacy, it could be considered a violation of the right to privacy. Depending on the overall facts and circumstances of your case, such an act on the part of your colleague may amount to the following offences: 1. Stalking under Section 354D IPC. 2. Intentional Insult to the modesty of a woman under Section 509 IPC. 3. Criminal Intimidation under Section 506 IPC, if the person blackmails you using such photo. 4. Defamation under Section 500, IPC if he makes a defamatory statement about you using such picture. 5. Punishment for publishing or transmitting obscene material in electronic form under Section 67, IT Act, 2000 if he morphs your photo into an obscene image and shares them on social media. For the offence of morphing, he may be additionally prosecuted for forgery under Section 465, IPC. 6. Cheating by Impersonation under Section 66D of the IT Act, 2000, if he creates your fake profile and posts offensive content including your morphed photographs on the fake profile. The law holds equally good with respect to non-consensual videography. You can file an FIR with the police or its cybercrime cell and seek legal action against your colleague. You must gather as much evidence as possible, such as the photos or videos themselves and any communication or threats made by the perpetrator.

LawRato LawRato

761 votes

If your colleague took your photo without your consent then it is a criminal offence called voyerism which has been inserted in the 2013 amendment of The Indian Penal Code.For that go immediately and file a F.I.R .

Advocate Suvajit Ghosh Dastidar LawRato

553 votes

It is illegal to take photography of a woman when she has not given consent to it. Section 354C of the IPC deals with voyeurism and related activities and punishment thereto. You should immediately lodge complaint against the miscreant so that this does not spread.

LawRato LawRato

636 votes

CrPC (Criminal Procedure Code) deals with the procedure to be adopted in administration of justice in criminal law. Indian Penal Code deals with the substantive offence. Section 354 C of the Indian Penal Code provides, "354C. Voyeurism.—Any man who watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine. Explanation 1.—For the purpose of this section, “private act” includes an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy and where the victim's genitals, posterior or breasts are exposed or covered only in underwear; or the victim is using a lavatory; or the victim is doing a sexual act that is not of a kind ordinarily done in public. Explanation 2.—Where the victim consents to the capture of the images or any act, but not to their dissemination to third persons and where such image or act is disseminated, such dissemination shall be considered an offence under this section." Now act accordingly. All the best. Regards

Advocate Ujjal Kumar Ray LawRato