Your friend’s private video is online. Don’t panic. Here is how to use the BNS and IT Act to take it down and hold the perpetrator accountable immediately.
It starts with a frantic call or a DM. Your friend is shaking because an intimate video or photo—something meant to be private—is circulating on a Telegram group, a WhatsApp chat, or a shady website. The panic is real, and the urge to delete everything and hide is overwhelming. But in the digital age, silence is exactly what the harasser wants.
Whether it was a case of 'revenge porn,' a hacked device, or a recording made without consent, this is a crime. You don't need to be a lawyer to help your friend regain control. In India, the law has evolved to treat Non-Consensual Intimate Imagery (NCII) as a serious offense with mandatory police action. This guide walks you through the immediate legal and digital steps to stop the spread and start the cleanup.
In India, the legal framework for leaked intimate media is a combination of the Bharatiya Nyaya Sanhita (BNS), 2023 (which replaced the IPC) and the Information Technology (IT) Act, 2000.
Under the BNS, which came into effect on July 1, 2024, several sections apply to NCII:
While the BNS handles the criminal intent, the IT Act handles the digital medium:
While not yet a standalone statute, the Supreme Court of India and various High Courts (notably the Delhi High Court in Karthick Theodre v. Madras High Court, 2021) have recognised that the 'Right to Privacy' under Article 21 of the Constitution includes the right to have intimate or private content removed from the internet once its purpose is served or if it was uploaded without consent.
According to the landmark Supreme Court judgment in Lalita Kumari v. Govt. of U.P. (2014), the police are mandated to register an FIR if the complaint discloses a cognizable offense (like voyeurism or sexually explicit content). They cannot turn you away for a preliminary inquiry first.
Before the harasser deletes the message or the platform takes it down, you need a forensic trail. Do not just take a screenshot; you need metadata.
Before the video spreads further, use technology to 'hash' it.
India has a dedicated portal for reporting crimes against women and children.
Under Section 173 of the BNSS (formerly Section 154 CrPC), you have the right to register an FIR.
Under the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, social media companies must remove non-consensual nude or partially nude images within 24 hours of receiving a complaint.
This is a traumatic event. Your friend might be experiencing severe anxiety or suicidal ideation.
To see more ways to protect your digital rights, Browse all civic-action guides.
Even with clear laws, the system has friction. Here is where you might get stuck and how to push through:
1. The "Charitra Praman Patra" (Victim Blaming) When you go to a police station, an officer might ask, "Why did she record this in the first place?" or "Wasn't she his girlfriend?" This is irrelevant to the law. Under Section 77 of the BNS, consent to record is not consent to share.
2. The "Jurisdiction" Excuse A local police station might tell you to go to the "Cyber Cell" in another part of the city or say the crime happened in a different area.
3. The "Platform is Ignoring Me" Loop Large platforms like Instagram or X (Twitter) have automated reporting, but sometimes the "Report" button does nothing.
4. The Evidence Dilemma If you delete the video from your own phone in panic, you lose the metadata needed to prove the source.
"Officer, I am here to report a crime under Section 77 and Section 72 of the Bharatiya Nyaya Sanhita (BNS) and Section 66E/67A of the IT Act. My friend’s private media was shared without her consent. According to the Lalita Kumari (2014) judgment, this is a cognizable offence and an FIR must be registered immediately. We have the digital evidence ready for the IO (Investigating Officer)."
Subject: Urgent: Removal of Non-Consensual Intimate Imagery (NCII) - [Platform Name] - [Your Ticket ID if any]
Body: To the Grievance Officer, I am writing to report a violation of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Non-consensual intimate imagery of [Me/My Friend] has been uploaded to your platform at the following URL: [Insert Link]. Under Rule 3(2)(b) of the IT Rules 2021, intermediaries are required to remove or disable access to such content within 24 hours of receipt of a complaint. Attached are screenshots of the content and the uploader’s profile. Please acknowledge receipt and confirm removal immediately. Failure to act may result in the loss of your 'safe harbour' protection under Section 79 of the IT Act. Regards, [Your Name]
To, The SHO/In-charge, [Name of Police Station/Cyber Cell, City]
Subject: Complaint regarding voyeurism and transmission of sexually explicit content.
Respected Sir/Ma'am, I am filing this complaint against [Name of Accused, if known, or 'Unknown'] for the non-consensual sharing of my private intimate [photos/videos].
1. Can I report this anonymously? Yes. On the National Cyber Crime Reporting Portal (cybercrime.gov.in), there is an option to "Report Anonymously" specifically for crimes against women and children. However, if you want a full investigation and an FIR that leads to an arrest, providing your details is much more effective.
2. Will the police take my friend's phone away? They might ask for it as evidence to extract the metadata. If they do, ensure you get a Seizure Memo—a document listing exactly what was taken, the date, and the time. You can also request the Cyber Cell to take a "forensic mirror image" of the data and return the physical device, though this depends on the lab's availability.
3. What if the harasser is in another country? It is harder, but not impossible. The Indian government can issue a Mutual Legal Assistance Treaty (MLAT) request. More practically, Indian police can send a legal notice to the platform (like Meta or Google) to block the content in India and provide the IP address/login logs of the uploader.
4. How much does it cost to file a complaint? Zero. Filing a police complaint or an FIR is free. Reporting on the Cyber Crime portal is free. If anyone asks for a "processing fee," they are asking for a bribe. Report them to the Anti-Corruption Bureau.
5. Will my friend’s name be in the news? No. Under Section 72 of the BNS (and previously Section 228A of the IPC), it is a criminal offence to disclose the identity of a victim of certain sexual offences. The police and media are legally barred from naming her or providing details that could identify her.
6. What if the harasser is a minor? If the person who leaked the video is under 18, they will be dealt with under the Juvenile Justice (Care and Protection of Children) Act. They won't go to a regular jail but to an observation home, and the focus will be on reformation. However, the content will still be taken down.
7. Can I sue for money? Yes. Apart from the criminal case, you can file a civil suit for "Damages" for loss of reputation and mental agony. You can also approach the Adjudicating Officer (usually the IT Secretary of your state) under Section 46 of the IT Act to claim compensation of up to ₹5 crore from the harasser.
Yes. On the National Cyber Crime Reporting Portal (cybercrime.gov.in), there is an option to "Report Anonymously" specifically for crimes against women and children. However, if you want a full investigation and an FIR that leads to an arrest, providing your details is much more effective.
They might ask for it as evidence to extract the metadata. If they do, ensure you get a **Seizure Memo**—a document listing exactly what was taken, the date, and the time. You can also request the Cyber Cell to take a "forensic mirror image" of the data and return the physical device, though this depends on the lab's availability.
It is harder, but not impossible. The Indian government can issue a **Mutual Legal Assistance Treaty (MLAT)** request. More practically, Indian police can send a legal notice to the platform (like Meta or Google) to block the content in India and provide the IP address/login logs of the uploader.
Zero. Filing a police complaint or an FIR is free. Reporting on the Cyber Crime portal is free. If anyone asks for a "processing fee," they are asking for a bribe. Report them to the Anti-Corruption Bureau.
No. Under **Section 72 of the BNS** (and previously Section 228A of the IPC), it is a criminal offence to disclose the identity of a victim of certain sexual offences. The police and media are legally barred from naming her or providing details that could identify her.
If the person who leaked the video is under 18, they will be dealt with under the **Juvenile Justice (Care and Protection of Children) Act**. They won't go to a regular jail but to an observation home, and the focus will be on reformation. However, the content will still be taken down.
RTI templates, FIR scripts, real escalation ladders — the same kind of thing you just read. Sundays only. No spam.
We don't share your email. Unsubscribe any time.
Stop refreshing clunky government websites. Learn how to use official Telegram channels and bots like the Gauhati High Court's for real-time legal updates and cause lists.
Skip the travel and attend your court hearing online. Learn how to use the video conferencing facilities provided by Indian courts and the Gauhati High Court's tutorials.
Struggling with poor mobile data in court? Learn how to register your device for high-speed Wi-Fi at the Gauhati High Court using the official GHC advocate portal.
Ever wondered if you can enter the Gauhati High Court? Learn how to attend the 77th Republic Day ceremony and use judicial transparency tools to track Assam's legal system.