Photo permission

visuiyer (Querist) 24 October 2024 This query is : Resolved
I am a sadhu, true bachelor, well disciplined self dependent, in non monastery.
While wandering, on a walk, one person taking my photo/video without my permission. Despite on request not to take photos or videos, he is making attempt to capture photo or video.
I have collected all the information about him. He is a stranger
Can file a case against him, what proof should I need to produce.

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Quick Summary

A sadhu was filmed without permission, despite requests to stop. The discussion explores legal recourse under Section 66E of the IT Act, 2000, which criminalises capturing images without consent. While a case can be filed with the police using gathered information, the advice suggests considering the time, expense, and potential outcomes of a criminal case, with the option of pardoning the individual presented as an alternative.

kavksatyanarayana (Expert) 24 October 2024
His name, address, and photo, if any, are required. Did you not file an FIR at the local police station?

T. Kalaiselvan, Advocate (Expert) 25 October 2024
You give a complaint against him for the offences of stalking and nuisance with the available details.
The police will investigate further

SAANJAAY GUPTAA (Expert) 25 October 2024
Agree with Kalaiselvan Sir

SIVARAMAPRASAD KAPPAGANTU (Expert) 26 October 2024
In terms Section 66E of Information Technology Act, 2000, violation of privacy by capturing, publishing, or transmitting an image of a any person without their consent is a Cyber Crime. If you file a case with Police, and it comes before the Court and when proved, the person is likely to be sentenced or fined or both.

How long such case goes in Court, consequences thereof and related expenditure etc. are anybody's guess. Therefore, think about the advisability of taking the legal step. Being a Sadhu, you can pardon the person as what he did isn't very serious and move on to escape the avoidable/timetaking legal procedure and attendant trouble of following up the case, that too a criminal case.

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