In this modern time we are living in right now, you see, the act of recording in a public space has become a very common habit considering that everyone has a smartphone with a camera, right? As a result, individuals are often found creating videos or taking pictures of their surroundings irrespective of the time and place, for example, at a social gathering, or on the streets, etc.
However, is it legal to record someone without their consent in India? Yes, it is legal to record someone in public in India, but there are exceptions to this as well, like you’d have to respect other people’s privacy in places like a restroom or something where if you take a picture or video of them, there can be some legal consequences. Just keep that in mind.
So, What Does The Law Really Says About It?
In India, rules with regard to the legality of recording someone without their permission are not explicit in the law, you know? Nonetheless, some laws, namely the Indian Evidence Act and the Information Technology Act, can be invoked in such cases. How? Well, the difference, however, between the laws in question is not clearly stated, nor are they rigorously applied. For example, in a public space, recording many times is legal, but it crosses the line into illegality when a right to privacy is breached, for example recording someone in a restroom, or a private place where privacy is expected.
Not just that though, if recorded material is utilized with malicious intent for such acts as harassment or blackmail, it is against the law, ALWAYS. Using them, for instance, which doesn’t have any bad purpose will be legal, while also transferring the recordings to third parties revealing sensitive information about the person could lead to legal problems.
When Is It Legal to Record in Public?
In India, recording in public places such as streets or parks is usually lawful because people must have lower expectations of privacy in these areas. For example, photographing in a shopping mall or market will usually be permissible. But still, the places that are generally considered public places like restaurants or hotels are actually someone’s private property, and they can very well limit you from recording in these places if they want to.
And then there is the case where you want to record like a celebrity or a politician, which is also legal to do considering they are already in the public eye, you know? Though, it is exceptionally unlawful to defame them by rapidly spreading fake information or utilizing the recordings for harm. Not just that, if you want to, you can record any public or government servant as you like, but you cannot obstruct their job by doing so, if you do, you’ll face legal consequences for that. Plain and simple!
So yes, it sure is legal to record someone in public in India, but just keep in mind not to ever invade their privacy in places like public bathrooms/restrooms, etc. And yes, you can go on to record anyone else, like a police officer, a government/public servant, or a celebrity, but never ever get in the way when it comes to them doing their duty.
