KOCHI: The death of a Kozhikode man after a video allegedly showing him misbehaving with a woman was circulated on social media has reignited a critical legal and ethical debate on the limits of recording and sharing videos of alleged offences in public spaces.
Legal experts stress that while recording a crime is not illegal, public dissemination of such footage can invite serious legal consequences, particularly when it leads to reputational damage or amounts to a public trial.
According to senior lawyers, a witness or victim can record a crime. For instance, if a bystander comes across a violent assault, filming it to preserve evidence is permissible. Those committing the offence cannot lawfully demand that the recording be stopped. Such material may be submitted to the police or other competent authorities to initiate criminal proceedings.
“In general, no person has the right to infringe upon the privacy of others. However, if a violation of law is taking place and someone records it, such recording is acceptable, as it can form the basis for action by the appropriate authorities. What must be clearly understood is that no individual can take the law into their own hands,” said senior lawyer and rights activist Sandhya Raju.
The legal risk arises when such videos are uploaded or circulated on social media platforms. Supreme Court advocate M R Abhilash cautioned that public dissemination, even with the intent of exposing wrongdoing, can lead to civil and criminal proceedings.
“If a person witnesses a crime or is a victim, recording it is not unlawful. However, the recording should be submitted to the authority concerned while filing a complaint. Uploading or circulating it publicly may expose the person who posts it to legal action, especially when the content lacks proper factual foundation,” he said.
Legal experts also said premature circulation can amount to defamation, invasion of privacy and criminal liability, particularly if the allegations later turn out to be false or exaggerated.
In cases involving sexual content, provisions of the Information Technology Act may apply. Like Section 67, which prescribes imprisonment of up to three years and a fine of up to Rs 5 lakh for publishing obscene material, and Section 67A, which provides for up to five years’ imprisonment and a fine of Rs 10 lakh for transmitting sexually explicit content.
Keep in mind:
Recording a crime by a witness or victim is not illegal
Videos should be submitted to police or competent authorities
Public circulation can invite civil and criminal action against those posting it
This risk is higher when allegations are unverified
Blurring faces does not guarantee legal protection
Evidence should support due process, not social media trials