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Explicit Content Removal in India: IT Rules, BNS and Court Protections

Explicit Content Removal in India: IT Rules, BNS and Court Protections

India has several overlapping laws that protect people from non-consensual intimate content, and the courts have stepped in to strengthen them. If private images or morphed content of you are online, these are the main sources of protection.

The Bharatiya Nyaya Sanhita

Section 77 of the Bharatiya Nyaya Sanhita, 2023, which replaced the old Indian Penal Code, covers voyeurism, including watching or capturing a private act without consent and spreading such images. It carries imprisonment and a fine, with higher penalties for repeat offences. Other provisions on stalking, criminal intimidation and defamation can also apply depending on the facts.

The Information Technology Act

The IT Act, 2000 contains provisions that apply directly to this kind of content. Section 66E deals with violating privacy by capturing or sharing private images, and sections 67 and 67A cover publishing or transmitting obscene and sexually explicit material electronically. Penalties are imprisonment and fines, with a longer term for sexually explicit material.

Platform obligations under the IT Rules 2021

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 require platforms to act quickly on complaints about content that exposes a person’s private areas, shows nudity or a sexual act, or impersonates someone, including through morphed images. The timeframe is as short as 24 hours for these categories.

Courts have backed victims

Indian High Courts, including the Delhi High Court, have recognised the serious harm of non-consensual intimate images and have passed orders to protect people in individual cases. The Digital Personal Data Protection Act, 2023 adds a data protection layer on top.

Do not rely on guarantees

Be cautious about anyone who promises permanent removal or demands advance payment before understanding your situation. If you are being blackmailed, do not pay, keep every message and report it.

Where to get support in India

You can report to your local police, and the National Cyber Crime Reporting Portal and the 1930 helpline are available for cybercrime. A lawyer can advise on criminal complaints and court remedies, and a specialist can take over the day-to-day work. Our UAE guide covers the neighbouring Gulf position. This is general information, not legal advice, and laws change, so check the current position for your situation.

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