Non-Consensual Intimate Image Abuse: A Critical Analysis Of The Indian Legal Framework And Judicial Response
- IJLLR Journal
- 3 days ago
- 2 min read
Khushi Awana, Amity University, Noida
ABSTRACT
Non-Consensual Intimate Image Abuse (NCIIA) has become a critical digital crime, made possible due to the fast development of online spaces where content can easily be distributed. The purpose of this paper is to explore the phenomenon of NCIIA and discuss it as an intricate form of offense, covering the illegal creation, distribution, and editing of intimate imagery, involving acts like voyeurism, morphing, deepfake, and sextortion. The key element which differentiates NCIIA from other violations is the absence of any consent at any point during the image distribution process.
The research paper examines the current legal regime in India, which includes constitutional rights and provisions, penal laws provided by the Indian Penal Code, Information Technology Act of 2000, intermediary liability principles, and emerging data protection laws. Though the laws partially address the NCIIA, several gaps emerge from the discussion. The lack of a specific law to address the matter, the focus on content-based crimes instead of injury-based crimes, gender restrictions, and the difficulties in enforcement due to the international nature of the web are all major concerns. Legal precedents have greatly assisted in broadening the definition of privacy and dignity.
Moreover, it examines the effect of recently introduced policies, including standard procedures for swift content elimination, and stresses the growing importance of data protection laws in tackling the problems associated with information privacy. Thus, it is evident that an inconsistent approach to legal intervention, which is solely reactive, fails to address the intricate issues involved in NCIIA. Therefore, the research suggests adopting a more coordinated, consensual, and victim-oriented legal strategy, undergirded by appropriate legislation, institutional development, technological responsibility, and public awareness.
Keywords: Non-Consensual Intimate Image Abuse, Digital Consent; Privacy, Legal Framework
