In a significant development, the Karnataka government has instructed police statewide to promptly file FIRs in cases involving the unauthorized sharing of private or intimate images or videos of individuals. This directive follows orders from Home Minister Priyank Kharge, emphasizing the crackdown on cybercrimes like blackmail, sextortion, and revenge porn. Kharge stressed the importance of upholding the Right to Privacy, a fundamental right under Article 21 of the Constitution, as highlighted in the Justice K.S. Puttaswamy case.
The Home Minister warned that any police officer failing to register an FIR promptly or citing ‘prior consent’ as a reason will face severe disciplinary measures. Additionally, Kharge directed Police Commissioners and other senior officials to ensure strict adherence to the new guidelines in every police station across Karnataka. The state’s Director General and Inspector General of Police, M.A. Saleem, has issued detailed instructions under ‘Standing Order 1061’ to ensure consistent enforcement.
According to the guidelines, merely agreeing to be photographed or filmed does not imply consent for public dissemination. Sharing such content without explicit approval constitutes a punishable offense, as clarified by Explanation 2 to Section 77 of the Bharatiya Nyaya Sanhita (BNS), 2023, and the Information Technology (IT) Act, 2000. The guidelines underscore that these regulations apply regardless of gender.
Police are now required to register FIRs promptly upon receiving complaints related to blackmail videos, sextortion, or revenge porn, without delay or rejection based on prior consent for recording. The directive also highlights the provision for Zero FIR under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, enabling cases to be registered and later transferred to the appropriate jurisdiction. Investigating Officers are instructed to apply relevant legal provisions based on the circumstances, even if not explicitly mentioned by the complainant.
Under the Bharatiya Nyaya Sanhita, 2023, capturing or sharing private images without consent is punishable by imprisonment, while the Information Technology Act, 2000, outlines penalties for privacy violations. The guidelines also mandate police to notify social media platforms promptly to remove unlawful content and preserve digital evidence. To safeguard victims, confidentiality of identities is crucial, with a focus on handling complaints with sensitivity, especially by women officers, and seeking technical support from the CID Cyber Division during investigations.
