Introduction
Revenge Porn, also known as "non-consensual pornography" or "image-based sexual abuse," is a type of gender-based violence (GBV) that involves the unauthorized sharing of a person's private sexual images or films on an online platform. While the victim may not be aware that the image or video has been captured, may be coerced into sharing it, or may have had their account compromised, there are other situations in which the image is freely shared within an intimate relationship but then shared with third parties without their permission.
Therefore, consent is required both at the time of the photo or video's capture and also after it is shared with others. While the term "revenge porn" can be interpreted as a form of retaliation, frequently associated with the end of an intimate relationship, in which a vengeful ex-partner disseminates sexual images or videos of the former partner, such an expression falls short of fully capturing the various scopes and motivations that may be at play in this phenomenon.
Notably, sharing sexually explicit images or videos without asking permission may also be justifiable for financial gain or for other motives, such as the need to exert control over the victim, the need to harass the victim, the need to gain some sort of notoriety, or the need to have access to more sexualized content.
Over the past ten years, the phenomenon has grown significantly in India. The volume of offensive content sent online rose more than 100% between 2012 and 2014, according to India's National Crime Record Bureau (NCRB). While just 35% of women admitted to being victimized, another 18% were not even aware of the statistics.
Indian Framework
There is no formal statutory structure in India for handling instances of retaliation porn. However, there may be legal protections for the crime of revenge porn in other statutes. Because revenge porn is an invasion of privacy, the 2009 modification to Section 66E of the Information and Technology Act of 2000, which criminalizes privacy infractions, is pertinent in this situation.
The clause specifically states that violating someone's privacy by "intentionally or deliberately capturing, publishing, or transmitting the image of a private region of any person without his or her agreement" is illegal and is punishable by up to three years in prison and/or a fine of up to two lakhs.
Additionally, the publication or transmission of such content is punishable by up to five years in prison and a fine of up to ten lakh rupees under Section 67A of the same act, which deals with electronic material containing sexually explicit actions or conducts, in the event of a first conviction.
The Indian Penal Code of 1860 also has several sections that may be applicable in the case of revenge porn. The Penal Code's Section 292 punishes the circulation and distribution of pornographic material, and Section 345C, which deals with "voyeurism," mandates that men who observe and record images of women performing private acts in circumstances where the victim "would normally expect not being observed either by the perpetrator or by any other person at the perpetrator's behest" face up to three years in prison and a fine upon their first conviction.
Furthermore, it has been noted that even in cases where the victims gave their approval for the image to be taken but not for it to be distributed to third parties, the dissemination is still illegal under the same conditions. Last but not least, all acts meant to offend a woman's modesty are punishable under article 509 of the Indian Penal Code.
Status of Jurisprudence in the Country
In the case of State of West Bengal v. Boxi, the Tamluk District Court Judicial Magistrate in West Bengal found Animesh Boxi guilty of violating the terms of his ex-agreement girlfriend by posting intimate images and videos of her under her actual name on a pornographic website. The defendant received a penalty of nine thousand rupees in fines and five years in prison. The prosecution of the accused under numerous sections of the Indian Penal Code and the Information and Technology Act has resulted in the first conviction for a revenge porn case in the nation.
The court deemed the victim to be a rape survivor despite the lack of physical harm to the victim and imposed compensation in the victim's favour. Further, the High Court of Orissa emphasized that "allowing undesirable images and videos to remain on a social media site, without a woman's consent, is a direct insult to a woman's modesty and, more significantly, her right to privacy" in Subhranshu Rout v. the State of Odisha.
Conclusion
It would seem appropriate to introduce specific legislation in the country that recognizes and criminalizes the offence, following the lead of the Philippines and several other nations, even though the Information and Technology Act and the Indian Penal Code both have provisions that may protect victims from revenge porn. This is crucial, especially given the rise in such cases over the past ten years and the need for a legal framework to hasten the administration of justice in situations involving the sharing of a person's sexually explicit images.
Written by: Jay Kumar Gupta
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