Bangalore:
In a significant move to strengthen digital privacy protections, the Karnataka Police Department has issued a Standing Order making it mandatory for police to register FIRs in all cases involving the non-consensual sharing, publication or transmission of intimate photos and videos, irrespective of whether the content was originally recorded with the individual’s consent.
Announcing the decision on the social media platform X, Karnataka Home Minister Priyank Kharge said that consent to record an ate it.
The Standing Order directs police officers across the state to take immediate action in cases commonly referred to as revenge pornography, sextortion and blackmail involving intimate content. It clarifies that sharing, publishing, forwarding or transmitting such material without the individual’s consent constitutes a separate cognizable offence, even if the content was created with consent.
Police have been instructed to mandatorily register FIRs under the relevant provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, and the Information Technology Act, 2000. These include Section 77 of the BNS, wherever applicable, along with Sections 66E, 67 and 67A of the IT Act.
The order further states that complaints cannot be refused or delayed merely because the victim had consented to the recording of the content. In cases involving threats, extortion, demands for sexual favours or other forms of coercion, investigating officers have been directed to invoke the relevant provisions relating to extortion and criminal intimidation.
To ensure prompt action, all police stations have been instructed to register Zero FIRs where jurisdiction is unclear and transfer the cases to the appropriate police station without delay.
Investigating officers have also been directed to take immediate steps to preserve electronic evidence, initiate the removal or blocking of objectionable content, and coordinate with Cyber Crime Police Stations and the CID Cyber Division for technical assistance wherever required.
The Standing Order also lays emphasis on a victim-centric approach. Police personnel have been directed to maintain the confidentiality of victims, avoid victim-blaming or victim-shaming, and ensure that complaints from women are recorded by women police officers wherever possible.
The department has warned that any failure or delay in registering an FIR on the mistaken assumption that prior consent to recording amounts to consent for circulation will be viewed seriously and may invite departmental action against the erring officers.
