BENGALURU: Director General & Inspector General of Police (DG & IGP) MA Saleem has issued standing instructions to all police stations across Karnataka to register FIRs immediately in complaints involving non-consensual dissemination of private or intimate images/videos, including cases commonly known as “revenge pornography,” “sextortion,” or blackmail through intimate content.
In the circular issued on Tuesday, Saleem mentioned that it has come to the notice of the authorities that, in some cases, police stations are either refusing to register complaints or delaying the registration of complaints related to the publication or circulation of private/intimate photographs and videos without the consent of the person concerned. In certain instances, complaints have been rejected on the ground that the victim had initially consented to the recording of the images or videos.
The following directions have been issued: Legal position on consent: All cops must note that consent to recording is not the same as consent to publication or sharing.
No refusal based on prior consent: Police shall not refuse or delay registration of FIRs merely because the victim had previously consented to the recording of the images or videos.
Blackmail and sextortion: Where intimate content is used to extort money, sexual favours, or any other benefit, relevant provisions relating to extortion and criminal intimidation under the BNS, 2023, in addition to the IT Act, should be invoked.
Zero FIR: If the offence occurred outside the jurisdiction of the police station, a Zero FIR must be registered, and later transferred to the appropriate police station.
Removal of content and preservation of evidence: Police must take immediate steps to issue notices to relevant intermediaries/platforms under the IT Act and IT Rules, 2021, to remove or block the offending content. All digital evidence must be preserved.
Protection of victims: The identity of victims must be kept confidential. Complainants should be treated with sensitivity and dignity, and any behaviour that may humiliate or stigmatise them must be avoided.
Coordination with cyber units: Officers must coordinate with Cyber Crime Police Stations and the CID Cyber Division for technical probe.
Accountability: Disciplinary action will be initiated against officers if they fail to register FIRs in such cases, or delays are caused by wrongly citing “prior consent” as a reason.