LawRato

Will Uploading pictures without someone's consent be a cyber crime?


02-Nov-2023 (In Criminal Law)
I was cheated and dumped by a girl ..past week I messaged her asking only why she did this to me?? ..she called the police and complained that I am calling messaging her and stalking and threatening her...police threatened me and warned me not to do so again..they did not registered an fir.. Now I wants to upload all our photos on Facebook ...is uploading photos violation of any law?? Photos does not contain any obscene things...... Plzzz help me
Answers (6)

Answer #1
687 votes
In India, the act of using someone's pictures without their permission or posting pictures without their consent can potentially infringe upon their right to privacy. The right to privacy is protected under Article 21 of the Constitution of India. Aggrieved individuals may file a writ petition and seek civil remedies for the unauthorized use of their pictures. This can include seeking an injunction to prevent the use of the pictures or seeking compensation for any harm caused by the unauthorized use.

Additionally, there are certain provisions within the Information Technology Act, of 2000, and the Indian Penal Code, of 1860, that can be applicable in such cases.

Under the Information Technology Act, 2000 (IT Act) the provisions that can be used to prosecute individuals who post pictures without consent are:

1. Section 66E of the IT Act - deals with the violation of privacy by capturing, publishing or transmitting an image of a private area of any person without his or her consent. For the same, the punishment prescribed is either three years in prison or a fine of not more than two lakh rupees, or both.

2. Section 67 of the IT Act – deals with publishing or transmitting obscene material in electronic form where obscene material is any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons. The first conviction carries a sentence of up to three years in prison and a fine of up to five lakh rupees, with subsequent convictions carrying a sentence of up to five years in prison and a fine of up to ten lakh rupees.

Under the Indian Penal Code, 1860 (IPC) the provisions that can be used to prosecute individuals who post pictures without consent are:

1. Section 354C of the IPC - deals with the offence of voyeurism. It is an act of watching, capturing, or recording images of a person engaged in a private act in circumstances where that person would have a reasonable expectation of privacy, without their consent. It is worthwhile to note that 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.
The punishment for the same is imprisonment for a term of not less than one year but may extend up to three years, and/or a fine.

2. Section 509 of the IPC - deals with the act of intentionally insulting the modesty of a woman by word, gesture, or act. This section can be applicable in cases where pictures are used or posted without a woman's consent, leading to harassment or insult. It is punishable with imprisonment which may extend to three years and also with fine.

3. Section 500 of the IPC – deals with the offence of defamation. This section prohibits creating or sharing statements or representations, in any form, that are believed to harm a person's reputation. To commit an offence under this section, it is essential that the intention to harm someone's reputation must exist. A person found guilty of this offence can face up to two years of simple imprisonment, a fine, or both.

The use of pictures without permission can have serious consequences and individuals should always obtain consent before using someone else's pictures.
Helpful? LawRato LawRato
People also ask

Can a photographer post my photos without permission?

The photographer owns the copyright to the photos, but they cant use them publicly without your consent if you have commissioned the pictures for domestic or private purposes (such a a family portrait or wedding).

Can someone post a picture of me without my permission?

Copyright violations can be brought against someone who posts content without permission or attribution, unless the content falls into the public domain. Posting illegal pornography is also a problem, especially revenge porn.

Can police take your photo without consent?

They can take pictures of anything visible if theyre in a location where they have legal rights or privileges. They can take photos if they have a warrant or are in a place where they have privileged access.

Is it illegal to post pictures without consent in India?

Section 66E Penalty for privacy violation This section is about the transmission of pictures of a persons private areas without their consent. The penalty for the same is three years of imprisonment or a maximum fine of two lakh rupees. 05-Jun-2021

  
Answer #2
540 votes
Hello,
Having gone through your query I can jiat say you that you have come out of a big problem which could have landed you even behind bars as the Criminal Laws for women protection have become more and more stringent nowadays and mere a complaint of a girl can go against you for eveteasing which is a crime now
Other thing which u are asking that whether uploading picts is cyber crime then definately you will be booked under defamation suit, damaging the integrity of a woman and lastly under Cyber laws as without consent you cannot do this specially when the same person has complained against you to the police
Try to focus on better things instead
Best of luck
Helpful? LawRato LawRato

Answer #3
667 votes
SECTION 67 of Information Technology Act ,According to this Section, anyone who uses electronic means to publish any picture, video or audio or anything which is capable of defaming a person morally will be considered as a crime and the person doing such an act will be punished with imprisonment.
now if you are willing to upload any pictures of your EX, make sure that the same picture will not fall under the purview of above section. do not upload any sensitive pictures,use your senses or you’ll get in trouble
Helpful? LawRato LawRato
Answer #4
982 votes
Never post such things which will create problem... you have your career ahead.... y want to stick with someone who is not interested in being with you.... it might complicate issues for you.... law is quite strict against offences against women. Legally.... if you post anyone's pic without consent,,,, it might harm you.
Helpful? LawRato LawRato
Answer #5
433 votes
Uploading pictures without someone's consent can potentially constitute a cybercrime or violation of privacy in India. Here's an overview of the legal aspects and consequences:
1. Privacy Laws: In India, there are laws and regulations that protect an individual's privacy, both online and offline. The Information Technology Act, 2000, and the Indian Penal Code (IPC) contain provisions that can be invoked in cases of unauthorized sharing of private pictures.
2. Consent: Sharing or uploading someone's pictures without their consent may infringe upon their right to privacy. Consent is a crucial factor in determining whether such actions are legal or illegal.
3. Legal Consequences:
  • IPC Section 354C: Under Section 354C of the IPC, capturing or disseminating images of a person's private parts without their consent with the intention to outrage their modesty is a punishable offense.
  • IPC Section 509: Posting or sharing offensive content with the intent to insult the modesty of a woman is punishable under Section 509 of the IPC.
  • Cyberbullying and Defamation: If the unauthorized sharing of pictures leads to harassment, cyberbullying, or defamation, other sections of the IPC and the IT Act may also apply.
4. Punishments: Depending on the nature of the offense, the punishment can vary. It may include imprisonment and fines.
5. Civil Remedies: In addition to criminal actions, individuals may also seek civil remedies, such as filing a lawsuit for damages or seeking an injunction to prevent further dissemination of their pictures.
6. Reporting: Victims of such actions can report the incident to their local police station or to specialized cybercrime cells in some areas. Evidence, such as screenshots or records of communication, should be preserved.
7. Social Media Policies: Many social media platforms have policies against sharing private or explicit content without consent. Reporting such violations to the platform may result in the removal of the content and actions against the violator's account.
8. Legal Consultation: If you are a victim of unauthorized picture sharing or believe your privacy has been violated, consult with a legal expert who specializes in cybercrimes and privacy laws. They can guide you on the appropriate legal actions to take.
Helpful? LawRato LawRato
Answer #6
196 votes
Anyone who intentionally or knowingly captures an image of the private area of another person without their consent in circumstances that violate the privacy of the person will be punished by imprisonment of up to three years, or with an fine of not more than two lakh rupees.
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."