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IT Act Section 66E
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The Information Technology Act, 2000

Section 66E Punishment for violation of privacy

Chapter
XI · Offences
Amendments
1
Substituted by Information Technology (Amendment) Act, 2008, s. 32, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "sections 66 and 67"Whoever, intentionally or knowingly captures, publishesDefined in section 66E(d): publishes means reproduction in the printed or electronic form and making it available for public or transmits the image of a private areaDefined in section 66E(c): private area means the naked or undergarment clad genitals, public area, buttocks or female breast 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.
Substituted by Information Technology (Amendment) Act, 2008, s. 32, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "sections 66 and 67"Explanation.—For the purposes of this section—
Substituted by Information Technology (Amendment) Act, 2008, s. 32, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "sections 66 and 67"(a) "transmitDefined in section 66E(a): transmit means to electronically send a visual image with the intent that it be viewed by a person or persons" means to electronically send a visual image with the intent that it be viewed by a person or persons;
Substituted by Information Technology (Amendment) Act, 2008, s. 32, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "sections 66 and 67"(b) "captureDefined in section 66E(b): capture, with respect to an image, means to videotape, photograph, film or record by any means", with respect to an image, means to videotape, photograph, film or record by any means;
Substituted by Information Technology (Amendment) Act, 2008, s. 32, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "sections 66 and 67"(c) "private areaDefined in section 66E(c): private area means the naked or undergarment clad genitals, public area, buttocks or female breast" means the naked or undergarment clad genitals, public area, buttocks or female breast;
Substituted by Information Technology (Amendment) Act, 2008, s. 32, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "sections 66 and 67"(d) "publishesDefined in section 66E(d): publishes means reproduction in the printed or electronic form and making it available for public" means reproduction in the printed or electronic formDefined in section 2(r): electronic form with reference to information, means any information generated, sent, received or stored in media, magnetic, optical, computer memory, micro film, computer generated micro fiche or similar device and making it available for public;
Substituted by Information Technology (Amendment) Act, 2008, s. 32, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "sections 66 and 67"(e) "under circumstances violating privacyDefined in section 66E(e): under circumstances violating privacy means circumstances in which a person can have a reasonable expectation that— (i) he or she could disrobe in privacy, without being concerned that an image of his private area was being captured; or (ii) any part of his or her private area would not be visible to the public, r..." means circumstances in which a person can have a reasonable expectation that—
Substituted by Information Technology (Amendment) Act, 2008, s. 32, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "sections 66 and 67"(i) he or she could disrobe in privacy, without being concerned that an image of his private areaDefined in section 66E(c): private area means the naked or undergarment clad genitals, public area, buttocks or female breast was being captured; or
Substituted by Information Technology (Amendment) Act, 2008, s. 32, dated 5th February, 2009, with effect from 27 October 2009. Earlier read: "sections 66 and 67"(ii) any part of his or her private areaDefined in section 66E(c): private area means the naked or undergarment clad genitals, public area, buttocks or female breast would not be visible to the public, regardless of whether that person is in a public or private place.

Amendments to this section

  1. 1 Substituted by Information Technology (Amendment) Act, 2008, s. 32, for "sections 66 and 67" (w.e.f. 27 October 2009).

All amendments to the IT Act