Is It Illegal To Take Pictures Without Consent?

Is it against the law to click pictures of people in public without having their consent? In public areas like parks or beaches, one can not prohibit others from clicking pictures. Yet, people do feel the need for privacy in changing rooms and public washrooms. If you get hold of someone clicking your pictures in such places you can claim that your right to privacy has been violated and it is an offense.

Photography can violate the right to privacy of a person based on a reasonable expectation of privacy. More public the place, the less REP (reasonable expectation of privacy) an individual has. People seek privacy when they are in their homes or some other private location. It is acceptable for people to capture pictures at any public or private place that they own or have on rent. On someone else’s private property, permission must be granted before clicking pictures. If the photographer still takes pictures for purposes of harassing and stalking then it is an issue.

Incase of a store, the owner gets to decide if clicking pictures are allowed inside the store or not. If not, the owner has the right to tell the person to leave and get them arrested for trespassing if they do not comply. This principle also applies to places owned by the public like public libraries.

In the following section, “private act” means an act of observation where privacy is usually provided in cases where private parts of the victim get exposed or covered only in underwear or where the victim is making use of washrooms or engaging in activities that are not performed in public spaces.

The Indian Penal Code punishes any man who watches or captures an image(s) of a woman indulging in any private act wherein she would usually not expect to be watched by the wrongdoer or any other person at the command of the wrongdoer or distributes such images. Section 354C states the above-mentioned act as a punishable offense with imprisonment for a term not less than one year which can extend to 3 years and also liable to fine, in case of 1st-time conviction. In case of later convictions, the imprisonment must not be less than 3 years which may extend to 7 years and is also liable to pay a fine. It is a cognizable and non-bailable offense and tried in any court of the magistrate.

If the victim does consent to capture of images and not for distribution to third parties but the pictures do get circulated then it is a punishable offense under this section.

In conclusion, more restrictions need to be imposed on public photography to maintain a person’s right to privacy. As in today’s world, such photography could lead to another serious mode of crime that could jeopardize the general public.

For a more detailed understanding, refer to the" Court On Its Own Motion vs State of Jharkhand & Ors" case study by clicking the case below.

Court On Its Own Motion vs State of Jharkhand & Ors