Karnataka

Karnataka: FIRs now mandatory in revenge porn and sextortion complaints

The order states that even if an image or video was originally recorded with the consent of the individual, any subsequent sharing, publishing, forwarding or transmission without that person's consent constitutes a separate cognizable offence.

Written by : TNM Staff

Karnataka has made it mandatory for the police to register First Information Reports (FIRs) in cases involving the non-consensual sharing of intimate images and videos, including revenge pornography, sextortion and blackmail videos, reinforcing that consent to record such content does not amount to consent for its dissemination.

Karnataka Home Minister Priyank Kharge said, "Consent to record is not consent to share," adding that he had directed the Home Department to ensure mandatory registration of FIRs in such cases.

Recently, the Karnataka Police Department has issued a Standing Order instructing all police officers across the state to take strict and immediate action against the non-consensual publication, transmission or sharing of intimate or private images and videos.

The order states that even if an image or video was originally recorded with the consent of the individual, any subsequent sharing, publishing, forwarding or transmission without that person's consent constitutes a separate cognizable offence.

Police have been directed to compulsorily register FIRs in complaints involving the non-consensual dissemination of intimate content under relevant provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, and the Information Technology Act, 2000. These include Section 77 of the BNS, where applicable, and Sections 66E, 67 and 67A of the IT Act.

The Standing Order also makes it clear that police officers cannot refuse or delay the registration of complaints on the grounds that the victim had earlier consented to recording the content. In cases involving threats, extortion, demands for sexual favours or other forms of coercion, officers have been instructed to invoke additional provisions relating to extortion and criminal intimidation.

To ensure prompt action, police stations have been directed to register a Zero-FIR where jurisdiction is an issue and transfer the case to the appropriate police station without delay. Officers have also been instructed to take immediate steps to remove or block offending content, preserve electronic evidence and coordinate with Cyber Crime Police Stations and the CID Cyber Division for technical investigations.

The order further emphasises a victim-centric approach, directing officers to treat complainants with dignity and sensitivity, maintain confidentiality of their identities, avoid victim-shaming and, wherever feasible, ensure that complaints by women are recorded by women police officers.

The Karnataka Police warned that any failure or delay in registering an FIR on the erroneous ground of "prior consent" would be viewed seriously and could invite departmental action against the concerned officer.