Amlan Sarkar 29 May 2022

Is it a criminal offence to click a photograph of a on duty uniformed police personnel?

Kindly let me know whether it is a criminal offence in India to click a photograph of on duty uniformed police personnel without his/her permission/ Somebody has tried to click photograph of an on duty lady traffic cop suspecting some foul play and the cop in turn has threatened to terminate the concerned person's service due to the person's effort to click the cops photograph. She has forcibly impounded her driving license and made a case of disobedience of her order due to the said effort. I need to know the correct answer and the relevant sections of the IPC dealing with such problem.

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Sravika Reddy Kohir 21 June 2022

Hello Amlan Sarkar, I acknowledge your question. In many states it is clear and completely legal to do so to the extent that such an does not lead to nuisance. Calcutta HC ruled in 2008 that a police officer cannot snatch a mobile phone merely because his video was recorded as he is a public official in execution of his duty. The same is also mentioned under the Kerala Police Act 2011 under Section 33(2) that reads as “No Police Officer shall prevent any member of the public from lawfully making any audio or video or electronic record of any Police action or activity carried out in a public or private place.” It would be held the same with your respective state too. The intentions are to be considered majorly, since the police personal can also file a complaint against you under section 354 of IPC, section 66E of IPC dealing with punishment for violation of privacy, and explicitly forbid capturing, publishing or transmitting ‘the image of a private area of any person without his or her consent. It is a criminal offence to do so.

I hope I have answered your question.

Have a good day.