Karnataka has made it mandatory for the police to register first information reports in cases involving the non-consensual sharing of intimate images and videos, including revenge pornography, sextortion and blackmail-related cases, state Home Minister Priyank Kharge said on Thursday.
“Consent to record is not consent to share,” Kharge said, warning that police officers who refuse to file cases over prior consent by the complainant may face departmental action.
The Karnataka Police has issued a standing order directing its officers to take immediate action in all such cases, he said.
The order clarifies that even if content was originally recorded with consent, any subsequent sharing, publishing, forwarding or transmission without consent is a “distinct cognizable offence”.
The police cannot refuse or delay registering cases on the grounds that the complainant had earlier consented to recording the content, the order adds.
The police have been instructed to mandatorily register cases under Section 77 of the Bharatiya Nyaya Sanhita that pertains to voyeurism, and Section 66E, Section 67 and Section 67A of the Information Technology Act that cover violations of privacy, and the electronic publication or transmission of obscene and sexually explicit material.
In cases involving threats, extortion, demands for sexual favours or other forms of coercion, officers have been directed to also invoke provisions relating to extortion and criminal intimidation, the home minister added.
He further said that in cases where jurisdiction is a problem, police stations have been directed to register a Zero FIR and transfer the case to the correct station.
Moreover, the police have been instructed to take immediate steps to remove or block offending content, preserve electronic evidence and coordinate with cyber crime units for investigation.
Written by Sara Varghese. Edited by Nachiket Deuskar.
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