How to Report Voyeurism or Non-Consensual Photography

If someone has watched, photographed, or recorded you in a private act without your consent — including through hidden cameras in changing rooms, bathrooms, hotel rooms, or using a phone camera — it is a criminal offence under Section 77 of the Bharatiya Nyaya Sanhita (BNS), 2023, punishable with imprisonment of up to 3 years for a first offence and up to 7 years for a repeat offence. File an FIR at the nearest police station immediately. If the images or videos have been distributed online, also report on cybercrime.gov.in.

Why this matters

Hidden cameras in trial rooms, hotel bathrooms, washrooms, and PG accommodations have become alarmingly common in India. The proliferation of smartphone cameras and miniature recording devices has made non-consensual photography easier than ever. Beyond hidden cameras, the problem extends to upskirting, filming without consent in public places, and distributing intimate images online (often called "revenge porn" when shared by ex-partners). Indian law now specifically criminalises voyeurism as a distinct offence, giving survivors a clear legal avenue for justice.

What counts as voyeurism under the law

Section 77 of the BNS

The offence of voyeurism is defined as a man watching or capturing the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed:

• Watching a woman in a private act — through a peephole, hidden opening, or by any other means
• Capturing the image — photographing, video recording, or filming a woman during a private act without her consent
• Disseminating such images — sharing, publishing, or distributing captured images

A "private act" includes: an act done in a place which would reasonably be expected to provide privacy, where the victim's genitals, buttocks, or breasts are exposed or covered only in underwear, or the victim is using a lavatory, or the victim is doing a sexual act that is not ordinarily done in public.

Punishment

• First offence: Imprisonment of not less than 1 year, up to 3 years, and fine
• Repeat offence: Imprisonment of not less than 3 years, up to 7 years, and fine

Related offences

• Section 67 of the IT Act, 2000: Publishing or transmitting obscene material electronically — up to 3 years imprisonment and Rs 5 lakh fine (first offence)
• Section 67A of the IT Act: Publishing sexually explicit material — up to 5 years imprisonment and Rs 10 lakh fine
• Section 66E of the IT Act: Capturing and publishing private images — up to 3 years imprisonment and Rs 2 lakh fine
• Section 77 read with Section 78 BNS: If voyeurism is accompanied by stalking behaviour, both offences can be charged

Step-by-step: How to report

Step 1: Preserve the evidence

If you have discovered a hidden camera or have evidence that someone filmed you:

• Do not destroy or remove the camera — if it is safe to leave it in place, let the police collect it as evidence
• If you must remove it (for your safety), handle it carefully and place it in a clean bag
• Take photographs of the camera's location showing how it was placed
• If you have been sent the images/videos, screenshot everything (including the sender's profile, phone number, and platform)
• If images have been posted online, screenshot the post, URL, platform name, and the poster's profile before reporting it for takedown

Step 2: File an FIR at the police station

Go to the nearest police station and file an FIR under Section 77 BNS. Bring your evidence. Explain:

• Where and when the incident happened
• How you discovered the voyeurism (found camera, received images, were told by someone)
• Who the accused is (if known)
• Whether the images have been distributed

The police must register the FIR — voyeurism is a cognizable offence. If they refuse, approach the SP, call 181, or file on cybercrime.gov.in.

Step 3: Report to the cybercrime portal (if images are distributed online)

Visit cybercrime.gov.in and file a complaint under "Women/Child Related Crime." You can also call the Cyber Crime Helpline 1930. The cyber crime cell can:

• Issue takedown notices to social media platforms and websites
• Trace the person who uploaded the content
• Preserve digital evidence from platforms
• Coordinate with other states if the accused is located elsewhere

Step 4: Report to the platform

In parallel with the police complaint, report the content directly to the social media platform or website. Most platforms (Instagram, Facebook, Twitter/X, YouTube, Telegram) have specific reporting options for non-consensual intimate images. Platforms are required to remove reported content within 24-72 hours under the IT Intermediary Guidelines Rules, 2021.

Step 5: If it happened at a commercial establishment

If you found a hidden camera in a hotel room, changing room, PG accommodation, spa, gym, or any commercial establishment:

• File the FIR naming both the person who placed the camera (if known) and the management of the establishment
• The establishment may be liable for failing to ensure the safety of its premises
• File a complaint with the tourism department (for hotels), the police commissioner, or the municipal authority
• Consider a civil suit for damages against the establishment

What if things go wrong

If the images have already been widely circulated

File the FIR immediately and report on cybercrime.gov.in. The cyber crime cell can issue emergency takedown requests to platforms. Under the IT Act and the Intermediary Guidelines, platforms must comply with government orders to remove content. While complete removal from the internet is difficult, swift action can significantly limit the spread.

If the accused is unknown (anonymous online account)

File the FIR against "unknown persons." The police and cyber crime cell can trace the account through IP addresses, phone numbers linked to the account, email verification data, and cooperation from the platform. Platforms are required to provide information to law enforcement upon lawful request.

If it happened at a workplace

In addition to the criminal complaint, file a complaint with the Internal Complaints Committee (ICC) under the POSH Act if the voyeurism was committed by a colleague, supervisor, or anyone connected to the workplace. The employer has a duty to ensure a safe workplace.

If the police do not take it seriously

Contact the Superintendent of Police, call 181, file on cybercrime.gov.in, or approach the Magistrate directly. File a complaint with the National Commission for Women (ncw.nic.in). Voyeurism is a serious criminal offence, not a minor matter.

Documents and resources you need

• Evidence: Hidden camera device, screenshots, photographs of camera placement
• Screenshots of online distribution — with URLs, dates, profile details
• FIR copy — from the police station
• Emergency number: 112
• Women Helpline: 181 (24/7)
• Cyber Crime Helpline: 1930
• Cyber Crime Portal: cybercrime.gov.in
• National Commission for Women: ncw.nic.in or 7827-170-170
• NALSA helpline: 15100 (free legal aid)

Common myths

Myth: If you consented to being photographed, you consented to distribution. Reality: Consent to being photographed does not mean consent to sharing or distributing those images. Even if you voluntarily shared intimate images with a partner, the partner has no right to distribute them. Distribution without consent is a separate criminal offence under the IT Act.

Myth: Only hidden cameras count as voyeurism. Reality: Voyeurism under Section 77 BNS covers any means of watching or capturing a private act without consent — including using a smartphone camera, a peephole, binoculars, or standing in a position to observe someone in a private space.

Myth: If the images are not "nude," it is not voyeurism. Reality: The definition covers any private act where the person is in circumstances where they expect privacy — including underwear, changing, using a bathroom, or engaging in intimate acts. The images do not need to be fully nude to constitute the offence.

Myth: Men cannot be victims of voyeurism. Reality: While Section 77 BNS is specifically worded for the protection of women, men can invoke Section 66E of the IT Act (capturing private images) and general privacy provisions. A growing body of case law recognises privacy rights for all persons.

The law behind this

Frequently asked questions

Can I sue the hotel or establishment where the hidden camera was found? Yes. You can file a civil suit for damages against the establishment for breach of privacy and negligence. You can also file a consumer complaint if you were a paying customer. The criminal case against the person who placed the camera and the civil suit against the establishment can run simultaneously.

What if my ex-partner threatens to share intimate images (revenge porn)? The threat itself is criminal intimidation (Section 351 BNS). If they actually share the images, they commit offences under Section 67/67A of the IT Act and potentially Section 77 BNS. File an FIR immediately. Do not give in to blackmail — the law protects you, and giving in only leads to further demands.

Can I get the images permanently removed from the internet? While complete removal from every corner of the internet is technically challenging, you can get images removed from major platforms. File a complaint on cybercrime.gov.in, report to each platform directly, and request the court to pass an order directing all platforms to remove the content. Courts have passed such orders under Article 21 (right to privacy and dignity).

Is filming someone in a public place without consent also illegal? Filming in a public place where there is no expectation of privacy is generally not voyeurism under Section 77. However, if the filming focuses on a woman's body in a manner that violates her modesty (upskirting, for example), it can be prosecuted under Section 77 BNS or Section 79 BNS (outraging modesty of a woman). The context and manner of filming matter.