Punishment for violation of privacy
Section 66E of the Information Technology Act, 2000 deals with punishment for violation of privacy. Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh The Act came into force on 17 Oct 2000.
Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both.
Explanation.--For the purposes of this section--
(a) transmit means to electronically send a visual image with the intent that it be viewed by a person or persons;
(b) capture, with respect to an image, means to videotape, photograph, film or record by any means;
(c) private area means the naked or undergarment clad genitals, *[pubic area], buttocks or female breast:
(d) publishes means reproduction in the printed or electronic form and making it available for public;
(e) under circumstances violating privacy means circumstances in which a person can have a reasonable expectation that--
(i) he or she could disrobe in privacy, without being concerned that an image of his private area was being captured; or
(ii) any part of his or her private area would not be visible to the public, regardless of whether that person is in a public or private place.
Section 66E, The Information Technology Act, 2000 (Act 21 of 2000).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Fakrudeen K.V. @ Fakrudeen Panthavoor v. State of Kerala
Court's Decision & Legal Precedent
IT Act s.66E punishes intentional capture/publication/transmission of the image of a 'private area' (Explanation (c): naked or undergarment-clad genitals, pubic area, buttocks or female breast) without consent in privacy-violating circumstances. On the materials, an edited YouTube video depicting the informant with a man in a room and derogatory narration did not attract s.66E ingredients (C.R.). DATE VERIFIED Final Order/Judgment 2025-03-25 (order-2.pdf).
On this section: Court construed s.66E private-area definition and held materials did not attract the offence.
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Mathur Sathya vs The State Rep.by
Court's Decision & Legal Precedent
Bail may be granted when the primary physical evidence (electronic devices) is secured by the state and the investigation has reached a stage where the accused's custody is no longer required for evidence collection.
On this section: Violation of privacy and publishing sexually explicit material in electronic form.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 66E
What have the courts held on Section 66E of the Information Technology Act?
Fakrudeen K.V. @ Fakrudeen Panthavoor v. State of Kerala (25 Mar 2025) is the leading judgment on this section among those set out below: Court construed s.66E private-area definition and held materials did not attract the offence. Another 1 judgment on this section is set out below. They run from 2025 to 2026.
How do I find court cases under Section 66E of the Information Technology Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IT Act 66E, section 66E IT Act, section 66E of the Information Technology Act. People searching for it also type it act 66e punishment and it act 66e and 67. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Fakrudeen K.V. @ Fakrudeen Panthavoor v. State of Kerala (25 Mar 2025).
When did Section 66E of the Information Technology Act come into force?
Section 66E of the Information Technology Act, cited as IT Act 66E, came into force on 17 Oct 2000, having been enacted on 09 Jun 2000. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1304 words
- 87. Power of Central Government to make rules877 words
- 43. Penalty and compensation for damage to computer, computer system, etc506 words
- 46. Power to adjudicate370 words
- 89. Power of Controller to make regulations345 words
- 70B. Indian Computer Emergency Response Team to serve as national agency for incident response326 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.