Quick Answer
Spy Cameras are legal to use in India depending on for what purpose it has been used. If spy cameras are used for security purposes, for recording lawful entertainment videos like pranks, for collecting evidence in case of corruption, harassment etc, it is all legal. But if spy cameras are used to record someone without their consent or with an intent to exploit someone, it is illegal and punishable under the IT Act,2000 and the IPC,1860.
When you come across an ad relating to spy/ hidden cameras or a recent case of leaked MMS through misuse of spy cameras in hotels. One question must arise in your mind. Whether it is legal to use spy cameras? What are the laws that deal with spy/ hidden cameras in India?
Here, Nomadic lawyer has collected all the information one needs to know about the legality of using spy cameras and what legal remedies we have in our country if someone misuses them.
What is a spy camera? Does it fall under the ambit of Information technology Act, 2000?
A hidden or spy camera is a device that records or captures photos of other people without letting them know that they are being recorded. Generally, spy cameras are used for security purposes or by law enforcement agencies.
But sometimes, misuse of such cameras can lead to a violation of rights, as some people use them to restrict the privacy of others or to exploit them. It is often designed as a disguised object in pens, buttons, clocks, watches etc.
As per Section 2 of the Information Technology Act, 2000, digital cameras and mobile phones fall under the ambit of this Act. Therefore, some of the offences relating to spy cameras are punishable under the IT Act, 2000.
Where is It illegal to use spy cameras?
Using a spy camera can create serious problems for you if you use it to record someone without their consent, or you breach someone’s privacy where they expect privacy or with an intent to exploit someone.
Such cameras are often used by sex predators or corporate spies for wrongful gains by blackmailing, harassment and theft of information.
Sometimes intimate moments or nudes of people are recorded on such spy cameras and are sold, uploaded or live streamed to fulfil the corrupted requests of voyeurism. It can be punished under the Information Technology Act, 2000 or the Indian Penal Code, 1860.
Following are some of the situations, where it is completely illegal to use spy cameras:
- Bathrooms
- Changing rooms
- Rented rooms, locker rooms, hotel rooms
- Public places
- Commercial places
- On someone’s private property without their permission
Where is It legal to use spy cameras?
The use, sale and purchase of spy cameras are legal when they are used legally. One can use it for security purposes at home or in offices, to keep an eye on infants at home, record lawful entertainment like pranks, to collect evidence if the next person is corrupt or doing any illegal activity.
As per Indian law, it is more a situation based question of whether a certain act is legal or illegal using a spy camera. If there is a genuine necessity to use a spy camera, it is legal but you need to provide valid proof, if there is no such situation and you use it with an intent to misuse it, it is illegal and you can be punished.
- Your home/ own premises for security purposes
- To expose an illegal act
- Record lawful entertainment i.e, pranks
- For security purposes in office but not at prohibited places where people expect privacy*
*While using at offices, Stickers and disclaimers should be made visible that people are under surveillance
Legal provisions relating to misuse of Spy Cameras in India
There are different laws in India to punish the misuse of spy cameras through a number of offences: Voyeurism, dissemination of pornography, Criminal intimidation, Violation of privacy, Trespassing, Section 67A, 67B, 67, 66E of the IT Act.
Two laws majorly cover the abovesaid offences:
- Information Technology Act, 2000
- Indian Penal Code, 1860
Section 67 of the Information Technology Act,2000
This Section makes it punishable if someone publishes or transmits any obscene material in electronic form. If someone records something which is obscene using spy cameras and later publish or transmit it, that person is punishable under this section.
Section 67A of the Information Technology Act,2000
This section makes it punishable if someone publishes or transmits any electronic material that contains sexually explicit acts. Using hidden cameras if someone records or shares such sexually explicit acts are punishable.
Section 67B of the Information Technology Act,2000
If hidden cameras are used to record or share any content related to child pornography, it is punishable under this section and the punishment can extend to imprisonment of five years and with a fine which may extend up to ten lakh rupees on first conviction.
Section 66E of the Information Technology Act,2000
Punishment for violation of privacy: This Section provides punishment for capturing or transmitting images of any person without their consent with imprisonment which may extend up to three years.
Voyeurism
If a woman is being recorded or captured obscenely and such video or photo is published without her consent, it is punishable under Section 354C of IPC.
Criminal intimidation
If someone blackmails you by threatening to expose your recorded videos/ photos online or to cause any injury to you, your property or your reputation. Such blackmailing is punishable under section 503 of the IPC with imprisonment of up to two years.
Can a video recorded on spy cameras be used as evidence in the Courts?
Yes, such videos recorded on spy cameras can be used as evidence in the Courts. Section 4 of the Information Technology Act, provides legal recognition to electronic records.
The amended definition of evidence in the Indian Evidence Act, 1872 includes electronic records.
Section 65A and 65B of the Indian Evidence Act read with Information Technology Act, lays down the procedure for providing electronic evidence.
Conclusion
The Supreme Court in Justice K. S. Puttaswamy(Retd.) and Anr. Vs Union of India and Anr. (2017) held that the Right to Privacy is a Fundamental Right. Therefore, no person can record or click someone without their consent subject to certain exceptions. Spy cameras and other such devices should be used carefully and only when it’s most necessary.
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