Bengaluru: The Karnataka Home Department has issued stringent guidelines directing police personnel to take immediate action against the unauthorised sharing and circulation of private photographs and videos. The move comes amid a rise in cases involving sextortion, revenge porn, blackmail and online harassment, with authorities warning that delays in registering complaints will invite strict disciplinary action.
Director General and Inspector General of Police (DG-IGP) Dr M A Saleem has issued a detailed order instructing all police stations across the state to promptly register First Information Reports (FIRs) in cases involving the non-consensual sharing of intimate or private content.
The guidelines emphasise that releasing or circulating a person’s private photographs or videos without explicit consent constitutes a serious criminal offence and must be treated accordingly by law enforcement agencies.
Consent to record does not mean consent to share
One of the key clarifications in the new guidelines relates to the issue of consent.
The DG-IGP has categorically stated that a person’s consent to be photographed or filmed does not automatically grant permission for that content to be shared, published or circulated.
Police officers have been directed not to reject complaints or delay the registration of FIRs on the grounds that the victim had originally agreed to the recording of the content. Authorities have clarified that any distribution or broadcast of such material without explicit permission amounts to a cognisable offence under the law.
The guidelines seek to eliminate misconceptions that have often discouraged victims from approaching law enforcement agencies.
Strict action in sextortion and blackmail cases
The Home Department has directed police to invoke stringent legal provisions in cases involving sextortion, revenge porn and blackmail.
According to the order, perpetrators who use intimate photographs or videos to extort money, demand sexual favours or gain any form of advantage must face immediate legal action under relevant provisions of the Bharatiya Nyaya Sanhita (BNS) 2023 and the Information Technology Act, 2000.
Officials have been instructed to register FIRs under Section 77 of the BNS 2023 in cases involving violations of privacy. The provision must be used along with Sections 66(E), 67 and 67(A) of the IT Act, which deal with privacy violations and the publication or transmission of objectionable electronic content.
In cases involving female victims, the guidelines make it mandatory to invoke the relevant BNS and IT Act provisions without delay.
Zero FIR and immediate removal of content
The order also reiterates the importance of registering a Zero FIR when victims approach a police station outside the jurisdiction where the offence occurred.
Police personnel have been instructed not to refuse complaints based on jurisdictional issues. Instead, they must register the complaint immediately and transfer it to the appropriate police station for further investigation.
Investigating officers have also been directed to take immediate steps to remove offensive content from digital platforms. Notices must be issued to relevant social media platforms, websites and agencies under applicable Information Technology rules to ensure prompt takedown of objectionable material.
Additionally, all digital evidence must be preserved securely and confidentially in accordance with legal procedures. Officers have been advised to work closely with cybercrime units to carry out technical and forensic examinations of the evidence.
Focus on victim dignity and confidentiality
The guidelines place significant emphasis on protecting the dignity and privacy of victims.
Police personnel have been instructed to ensure strict confidentiality regarding the identity of complainants and to handle all cases with sensitivity and professionalism.
Authorities have stressed that victims should not be subjected to humiliation, intimidation or additional trauma while reporting such offences.
To create a safer environment for women, complaints filed by female victims must be recorded exclusively by female police officers.
Warning against delay in FIR registration
Dr Saleem has issued a clear warning that any failure to register an FIR or any delay caused by citing improper reasons, including the victim’s prior consent to recording, will attract strict disciplinary action.
The Home Department believes the guidelines will strengthen protection for victims of digital abuse and ensure a faster and more effective response from law enforcement agencies in dealing with privacy-related crimes.