Author: Kunal Kumar, student at Soa National Institute of Law
INTRODUCTION
With the smartphone, social networking, and instant messaging era, privacy has been more exposed than ever before. The most harrowing fallout of this new digital era has been revenge porn—the sharing of sexually explicit pictures or videos of an individual without their knowledge, usually with a purpose of shaming, humiliating, or emotionally damaging them. Even though its profound social and psychological consequences, India has no specialized legal code that specifically talks about this serious breach of dignity and privacy. Women, who are often the victims, suffer from social isolation, victimization, and delayed justice. Though some provisions of the Indian Penal Code (IPC) and Information Technology Act, 2000 provide limited relief, the rising cases necessitate robust laws, stricter enforcement, and a victim-friendly process. This article delves into the current legal provisions, their shortcomings, and the imperative of far-reaching reform to curb revenge porn in India.
# What is Revenge Porn?
Revenge porn refers to the non-consensual sharing, publishing, or distribution of sexually explicit images or videos of a person, typically by a former partner or someone seeking revenge. The intent Is usually to humiliate, threaten, or harm the victim emotionally, socially, or professionally.
For Example:- Kundan uploads private photos and videos of their ex-girlfriend after breakup.
# Legal Provisions Regarding the Revenge Porn
India has no distinct law for “revenge porn,” but sharing images privately without permission is a serious crime. It is criminalized under the Indian Penal Code (IPC), 1860, and the Information Technology (IT) Act, 2000.
I. Information Technology (IT) Act, 2000:
* Section 66E: – Punishment for breach of privacy: This is a central provision directly dealing with the recording, publication, or transmission of photographs of a person’s private parts without their knowledge, in situations breaching their privacy.
Penalty:- imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or both.
* Section 67 :– Offence of publishing or transmitting obscene material in electronic form: Under this section, the publication or transmission of any such material which is “lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it” is an offence.
* Punishment:- For a first conviction, imprisonment for not more than three years and a fine of not more than five lakh rupees. On a second or later conviction, imprisonment for not more than five years and a fine of not more than ten lakh rupees.
* Section 67A :– Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form: This section aims particularly at material containing sexually explicit acts or conduct.
* Punishment:- On first conviction, imprisonment for a term not exceeding five years and also a fine of up to ten lakh rupees. For second or later conviction, imprisonment for a term not exceeding seven years and also a fine of up to ten lakh rupees.
* Section 72: – Punishment for Violation of Confidence and Privacy: This provision comes into action where an individual who, in exercise of any of the powers given under this Act, has gained access to any electronic record, book, register, correspondence, information, document or other material without the permission of the concerned individual, divulges such electronic record, book, register, correspondence, information, document or other material to any other individual.
* Punishment:- Imprisonment for a period which may be upto two years, or with fine which may be upto one lakh rupees, or with both.
II. Indian Penal Code (IPC), 1860:
* Section 354C: – Voyeurism: This section criminalizes the taking of a photograph of a woman who is in a private act in a setting where she is not reasonably expected to have a reasonable expectation of privacy, without consent, or distribution of such a picture.
* Punishment:- Imprisonment for one to three years and a fine on the first conviction. Imprisonment for three to seven years and a fine on a second or subsequent conviction.
* Section 292 :– Sale etc., of obscene material: This is the section which provides for distributing or circulating obscene material.
* Punishment:- Imprisonment for up to two years and a fine of up to two thousand rupees on first conviction.
* Section 499 :– Defamation: If the unauthorized sharing of intimate pictures injures the reputation of the victim, defamation charges can be initiated.
* Punishment (Section 500 IPC):-Two years’ imprisonment, or fine, or both.
* Section 509: – Word, gesture or act with intent to insult the modesty of a woman: This section can be applied if the act of sharing is done with the intention of insulting the modesty of a woman.
* Punishment: Imprisonment for a term which may extend to one year, or with fine, or with both.
* Section 354A: – Sexual Harassment: This section can be attracted if the act of showing pornography against the will of a woman is involved.
III. Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021:
These regulations have added provisions for identifying the originator of information in messaging services, which can prove to be absolutely vital when tracing the source of unwanted sharing of images. They also place obligations on intermediaries to delete illegal content when they are notified of such.
#Challenges of Legal Implementation:
No Specific Legislation: – India does not have a specific legislation that addresses revenge porn directly.
Low Awareness: – Victims and even police are unaware of the legal recourse available.
Social Stigma: – Shame and victim-blaming keep most of them from rep content reporting.
Issues with Jurisdiction:- Content tends to cross borders, making tracking a challenge.
Slow Legal Process :– Delays in courts and police response lead to extended trauma.
Platform Inaction :– Social media platforms can take time in removing.
Weak Cyber Infrastructure:- There are no trained cyber police and digital forensic equipment.
#What Should Victims Do?
They should file a legal Complaint at the local police station or at Cyber Crime Portal (https://cybercrime.gov.in).
They should request to the authority of platforms like Facebook, Instagram, YouTube to remove the content under IT Rules.
They should try to seek support from NGOs, women’s rights organizations, and legal aid services.
CONCLUSION
Revenge porn is a grave invasion of a person’s privacy, dignity, and psychological well-being. Partly protective Indian laws are not enough, and the lack of a special legal provision makes justice delayed and confusing. Social stigma, ignorance, and poor enforcement compounds the problem. To actually protect the victims, India requires an unambiguous, victim-oriented legal paradigm, swift grievance redressal, and higher digital literacy. Strict laws, strict action, and social sensitivity are the ways to successfully fight this rising cybercrime.
FAQS
Q1. What is revenge porn?
A: It refers to the dissemination of one’s intimate or sexual photos/videos without consent, typically to embarrass or hurt them.
Q2. Is revenge porn a crime in India?
A: Yes, it is criminalized under provisions of the IT Act and IPC, although there is no legislation called “revenge porn.”
Q3. How can a victim report revenge porn?
A: A complaint can be lodged at a police station or even online at cybercrime.gov.in.
Q4. What is the punishment mandated by law in such offenses?
A: Punishment can extend to 3–5 years of imprisonment and/or fine.
Q5. Can content be taken down from social media?
A: Yes, according to IT Rules, platforms are obligated to take down such content within 24 hours of receipt of complaint.
