Violation of privacy: Punishment for violation of privacy

Violation of privacy -

Violation of privacy is an invasion of an individual's right to the privacy of his or her personal information, which includes, among other things, any material that reveals when that person can be reached by another party without their consent. It also refers to violating another person's privacy by invading their personal space or using that space for sexual activity.

Punishment for violation of privacy.–

According to Section 66E of the IT Act 2000, Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both.

Explanation.– For the purposes of this section–

(a) “transmit” means to electronically send a visual image with the intent that it be viewed by a person or persons;

(b) “capture”, with respect to an image, means to videotape, photograph, film or record by any means;

(d) “publishes” means a reproduction in the printed or electronic form and making it available for the public;

(e) “under circumstances violating privacy” means circumstances in which a person can have a reasonable expectation that –

(i) he or she could disrobe in privacy, without being concerned that an image of his private area was being captured; or

(ii) any part of his or her private area would not be visible to the public, regardless of whether that person is in a public or private place.

Violation of privacy: Punishment for violation of privacy