1. Revenge porn

If one day you unexpectedly got a text claiming a post that has a naked photo or any intimate photo of you showing on any internet maybe for money or taking revenge or as a joke or even just to insult you, what would you do? And what is it? How can you take protection?(1)

2. What is revenge porn?
Here is a term called revenge porn, you might have heard it or maybe not. But what is it exactly?
Revenge porn is just an another word for nonconsensual pornography, distribution of sexual images or videos of any person on any internet platform. Everything related to this is recognized under Image based sexual abuse.
In India, revenge porn is not just a crime but is expressly mentioned in IPC and IT act and specific sections are mentioned in them related to this kind of offence. If this kind of incident ever happens to you with someone, you can take actions and register a complaint with the police officer or can even raise a case on the grievance portal of the concerned website on the video uploaded. With this the first step would be concerned to take down the video from the internet and then the required action will be initiated towards the offender.(2)

3. Some of the IPC and IT Act deal with the revenge porn and punish the accused.(3)

India does not have any specific law for revenge porn or online abusive content, but it has legal remedies in IPC and IT Act. 2000 which provide punishment to such person.

a) Indian penal code 1860

Section 292. sells, distribution or spreading of obscene stuff.?shall be punished?[on first conviction with imprisonment of either description for a term which may extend to two years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and also with fine which may extend to five thousand rupees].

?Section 354. To use assault and criminal force to outrage the modesty of the women.?The offence is punishable with imprisonment up to 2 years or fine or both.

Section 354A. Sexual harassment. Physical contact and try to touch, request or demand for sexual favour, showing pornography content to women without her will or making any sexual remarks. Will be punished with rigorous imprisonment up to 3 years or fine or both.

Section 354C.? Voyeurism. Any man watches or captures a woman engaging in a private act and she is unaware about it and the capture is without his consent.

?Section 406 Punishment for criminal breach of trust. Which is imprisonment up to 3 years or fine or both.

Section 499. Defamation by a person intending to harm the reputation or character of the individual. Shall be punished with simple imprisonment up to 2 years or fine or both.

Section 509. Insult the modesty of any woman, word, gesture or act intended to insult the modesty of a women. Shall be punished with imprisonment up to 1 year or fine or both.

b) Information Technology Act,2000

Section 66E Violation of Privacy- Anyone intentionally or willingly capture, publishes or transmits the image of a private part 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.

Section 67 and Section 67A Publishing or transmitting obscene material by electronic form. Anyone reproduce or transmits the any material that shows lust or obscenity.

Section 67B Punishment for publishing or transmitting of material showing children in sexually explicit act, etc. in any electronic form.?Accused shall be convicted up to 5 years of imprisonment with the fine of 10 lakhs.

Section 72 breach of confidentiality and privacy?and the punishment for such act is imprisonment up to 2 years or fine up to 1 lakh or both.

c) THE INDECENT REPRESENTATION OF WOMEN (PROHIBITION) ACT, 1986

It is an Indian legislation aimed at prohibiting indent representation of women through advertisements or in publication, writings, paintings, figures or in any other manner and for matters connected therewith or incidental thereto. It seeks to prevent the image of the women in a manner that is disrespectful or demeaning or likely to exploiting of women.

In the leading case and the very first case of revenge porn, State of West Bengal v. Animesh Boxi, the victim was in a relationship with her boyfriend (accused). The offender promised her to marry being in an emotional relationship and during that course victim shared her intimates and private images and videos. Later, on break up he blackmailed her with them and even posted them online with many sensitive details related to her and her family.
The court held the judgement in the favour of the victim and sentenced the offender with the fine of 5 years with the fine of rs. 9000. The judgement was given in the view of sections mentioned in the IPC and IT Act. The accused got sentenced under Sections 354A, 354C, 354, and 509 of the Indian Penal Code, as well as Sections 66E, 66C, 67, and 67A of the Information Technology Act.

4. Conclusion

Naturally, to resume to the normal life in the society after being a victim to these kinds of incidents is never easy or same as it was before. Not only the victim but their families also suffer a lot in these kinds of cases without having any fault. Being a member of society it is our duty not to judge the victim and support them as much as possible in these cases. You need to give them the emotional and mental support to boost up their confidence and give them a much needed confidence to fight against this crime. Law can only protect our rights and sentence the offender but the actual confidence to stand in a society afterwards is what she will require from us. With this the government should also enact and impose the laws with a special penal provision for these kinds of heinous offenses like revenge pornography and non-consensual videos as their is absence of a specific and standardized law that would only create confusion while judgements and ambiguity concerned with their executions.

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Citation

1.TEDx Talks - Nyika Allen

2.What is revenge porn - https://nyaaya.org/nyaaya-weekly/is-revenge-porn-a-crime-in-india/#:~:text=Yes.,the%20Information%20Technology%20Act%2C%202000. on 16 nov 2023

3.Some of the IPC and IT Act deal with the revenge porn and punish the accused - IPC bare act 1872 and IT Act 2000 and https://wcd.nic.in/act/indecent-representation-women-prohibition-act-1986#:~:text=Prohibition%20of%20advertisements%20containing%20indecent,of%20women%20in%20any%20form.