Introduction
In India, insufficient legal measures deal particularly with sexual assault in cyberspace. With the rapid advancement of technology and widespread internet use in India, such regulations are necessary. The Indian Penal Code 1860, and the Information Technology Act 2000 both address certain elements of sexual assault in cyberspace. (Act on Information Technology)
Is it unlawful to post photos of a lady online without her permission?
Yes. Under Section 354C of the Indian Penal Code, voyeurism is distributing pictures of a woman engaged in a private act when she has a general expectation of not being watched or taken without her permission (IPC). This kind of dissemination may take place either offline or online. Sexual violence in cyberspace is aided by online dissemination. A lady using the restroom, a woman engaging in a sexual act, and so forth are private actions. If the lady gives her permission to post these private photos online, it is not a crime. It is, however, illegal if the lady gives her permission for the photographs to be taken but not for the photographs to be posted online. This offence carries a sentence of 3 to 7 years in prison and a monetary fine.
What does the Information Technology Act say about voyeurism?
Voyeurism is illegal under the IT Act, regardless of gender. This Act's Section 66E outlines the consequences of violating someone's privacy. It says that any act by a person who, intentionally or unwittingly, without permission, takes a picture of a person's private regions or transmits or publishes such an image under conditions that violate the person's privacy shall be deemed a crime.
Under the IT Act, "circumstances breaching privacy" include those in which a person disrobes without being photographed or has a reasonable expectation that the public would not view their private parts. Such actions may result in a sentence of up to three years in jail and a fine of two lakhs.
According to Section 67A of the IT Act, anybody publishes sexually explicit content online faces a five-year jail sentence and a fine of up to 10 lakhs.
What constitutes sexual harassment in the context of the IPC?
Sexual harassment is sending obscene content (images, photographs, films, or texts) to a woman through social media. Under Section 354A of the IPC, showing or transmitting a lady pornographic or sexually explicit material without her permission is considered sexual harassment. The offender of such a crime faces a maximum sentence of three years in jail, a fine, or both.
What are the legal requirements in India for internet stalking?
The Information Technology Act, as revised in 2008, has no specific prohibitions against online stalking. The IT Act's Section 72 ('penalty for violation of secrecy or privacy') is used in most instances of internet stalking. Without the other person's permission, a person who publishes information about them online in any media faces a sentence of up to two years in prison or a fine of one lakh rupees or both.
Is it illegal in India to transmit obscene or sexually explicit content online?
Yes. The IT Act makes it illegal to send indecent or sexually explicit content. The penalty for publishing and spreading obscene content is three years in jail and a fine of Rs. Five lakhs.
If the offender commits the crime more than once, they face a seven-year jail sentence and a ten-lakh rupee fine.
Victims of revenge porn in India have utilised laws relating to the invasion of privacy and stalking. There is currently no specific law dealing with revenge pornography. There are no legal remedies or procedures to assist the victim in removing revenge pornographic pictures from the internet.
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