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) "under circumstances violating privacy" means circumstances in which a person can reasonably expect that he or she could disrobe in privacy, without being concerned that an image of his private area was being captured or published by another person;
(e) "publish" means reproduction in the printed or electronic form and making it available for public.
Legal Commentary & Landmark Judgments: Section 66E
Section 66E of the Information Technology Act penalizes the intentional capturing, publishing, or transmitting of an image of a private area of any person without consent, prescribing imprisonment up to three years or fine up to two lakh rupees.
The Explanation defines 'private area' to include naked or undergarment-clad genitals, pubic area, buttocks, or female breast, and clarifies that 'under circumstances violating privacy' means circumstances where a person could reasonably expect not to be in public view.
Section 66E is charged in hidden camera cases (hotel/changing room voyeurism), non-consensual sharing of intimate images, and revenge pornography cases alongside substantive assault and harassment provisions under the Penal Code.