Key Facts
The Karnataka police have issued a standing order making it mandatory for all police stations to register First Information Reports (FIRs) in cases involving the unauthorised sharing of private or intimate photographs and videos. The directive, issued by Director-General and Inspector-General of Police M.A. Saleem on Monday, covers offences such as revenge pornography, sextortion, and online blackmail.
Details of the Order
The order clarifies that consent to capture an image or video does not amount to consent for its publication or circulation. Police officers have been instructed to invoke appropriate provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, and the Information Technology Act, 2000, including Section 77 of the BNS (voyeurism), Section 66E of the IT Act (violation of privacy), and Sections 67 and 67A (publication/transmission of obscene and sexually explicit material).
Zero FIR and Victim Protection
The directive mandates registration of Zero FIRs when the offence occurs outside the jurisdiction of the police station receiving the complaint. Such cases must be transferred to the appropriate station without delay. Police have also been directed to coordinate with online platforms for swift removal of objectionable content while preserving digital evidence. Victims' identities must be protected, and complaints from women should preferably be recorded by women police officers.
Impact and Implementation
The order aims to address concerns that some police stations were refusing or delaying complaints on the grounds that victims initially consented to recording. The DGP warned that refusal or unnecessary delay in registering FIRs would be viewed seriously and could attract disciplinary action. Investigating officers must coordinate with Cyber Crime Police Stations and the CID Cyber Division for technical investigations.
What Readers Should Know
- FIRs must be registered immediately upon receipt of complaints involving unauthorised sharing of intimate content.
- Prior consent to record does not justify sharing without consent.
- The order cites the Supreme Court's judgment in Justice K.S. Puttaswamy vs Union of India, recognising privacy as a fundamental right under Article 21.
- Provisions for extortion and criminal intimidation apply when intimate content is used to demand money or sexual favours.
FAQ
What is the new Karnataka police guideline about?
It mandates immediate registration of FIRs in cases of non-consensual sharing of intimate images, including revenge porn and sextortion.
Does prior consent to record images affect FIR registration?
No. Consent to capture does not imply consent to share; FIRs must be registered regardless.
Which laws are invoked under the new order?
Sections of Bharatiya Nyaya Sanhita (BNS) 2023 and Information Technology Act, 2000, including voyeurism and privacy violation.
What action is taken against officers who refuse to register FIRs?
Refusal or delay may lead to disciplinary action against the concerned officers.