We’ll be clear from the very start, you see, smartphones and social media’s increasing use is one thing but the public’s recording of police officers during their work, especially in situations of suspected wrongdoing, is something else entirely. A central concern that arises is: is it lawful for an individual to film a police officer carrying out their duties in India? Well, as per the law and in normal conditions, yes it is legal to film a police officer in India and you are not violating a law, but there is a lot more you should know about it before you go ahead and do something like this.
Legal Framework for Filming Police Officers
Let’s kick-start by discussing the Constitution of India, particularly Article 21 which talks about the Right to Privacy, you know? Sure, although each person possesses the right to privacy, this is not totally applicable to police officers while they are on duty as they have a certain public role to play, which is pretty understandable. In turn, they are not accorded any privacy for the actions they are undertaking in the part of the place which is public. Thus, in a nutshell, recording their actions in the open does not breach the people’s right to privacy.
Next, why not let’s dive a bit deeper? Well, Section 33(2) of the Kerala Police Act, 2011, clearly states that no police officer can stop anybody in any way from recording their activities in public spaces or during their work. This means, if the police are carrying out their duty, you are well within your rights to record them especially when you suspect illegal actions.
At the same time, however, the law in India has its limits. Like what and when? Well, Section 186 of the Indian Penal Code (IPC) states that if your recording obstructs an officer from going about their job, it may invoke the punishment. For instance, you can either be charged with a fine or your sentence can be up to a complete three-month jail term. Further, Section 353 the penalty for using force and threats to obstruct a public servant from discharging their duty can go on to five years of imprisonment, just so you know.
Let’s Look At Some Court Rulings and Interpretations
See, over the years, Indian judicial rulings have been quite affirmative in ensuring security for one’s right to record a video of police officers, and we have witnessed it, right? For example, the Kolkata High Court in 2008 was the most accurate decision made by the law in declaring that a police officer is not authorized to seize a citizen’s cell phone on the grounds that it has video or audio recording of them.
All in all, as per the law, a citizen of India has every right to record an on-duty police officer, especially if the person suspects that the police officer is doing something unlawful or illegal. In such a case, if the police officers try to obstruct the citizen and try to make them delete the photo/video, then they’d face serious consequences if such evidence is presented in court. This ruling also confirmed that taking pictures or videos in a police station is not a criminal act unless sensitive information is unintentionally leaked.
