‘Consent To Record Is Not Consent To Share’: K’taka Police Mandate FIRs In Revenge Porn, Sextortion Cases
Bengaluru: The Karnataka Police have issued a statewide standing order directing all police officers to register First Information Reports (FIRs) in cases involving revenge pornography, sextortion and the unauthorised sharing of private photographs and videos, the statement by the office of Home Minister Priyank Kharge stated on Thursday.
The directive, issued following instructions from the Home Department, seeks to ensure strict and prompt action against individuals who publish, circulate or broadcast intimate content without the consent of the person concerned.
A key provision of the order clarifies that consent to capture or record a photograph or video does not amount to consent for its publication, sharing, forwarding or dissemination. Any unauthorised distribution of such content will be treated as a cognisable offence, regardless of whether the material was originally recorded with the individual’s consent.
Police officers have been instructed to compulsorily register FIRs in cases commonly described as “revenge pornography”, “sextortion” and “blackmail videos”.
Depending on the facts of each case, offences should be registered under the relevant provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, and the Information Technology (IT) Act, 2000, including Section 77 of the BNS and Sections 66E, 67 and 67A of the IT Act.
The standing order specifically states that police personnel cannot refuse or delay registering complaints on the grounds that the victim initially consented to the recording of the content. It further directs officers to invoke additional provisions relating to extortion, criminal intimidation and coercion in cases involving threats, demands for money, sexual favours or other forms of pressure.
To prevent procedural delays, the order mandates that police stations register a Zero FIR when jurisdictional issues arise and subsequently transfer the case to the appropriate police station without delay.
The directive also requires police officers to take immediate steps to remove or block objectionable content, preserve electronic evidence and coordinate with Cyber Crime Police Stations and the CID Cyber Division for technical investigation and digital forensic analysis.
Emphasising a victim-centric approach, the order instructs officers to treat complainants with dignity and sensitivity. It directs police to protect the identity and privacy of victims, avoid any form of victim-blaming and, wherever possible, ensure that complaints by women are recorded by women police officers.
The Karnataka Police have warned that failure to register an FIR, or any delay in doing so on the erroneous ground of prior consent to recording, will be viewed seriously and could invite departmental action against the concerned officers.
Officials said the directive strengthens the constitutional right to privacy and aims to ensure a uniform, legally compliant and victim-friendly response to such offences across all police stations in Karnataka.
(IANS)
