Delhi HC rules, ‘Consent to sex does not imply consent to record private moments, post online’
Updated: Jan 23rd, 2025
The Delhi High Court has ruled that consent to sexual activity does not automatically imply consent to the recording and subsequent online posting of private moments.
This observation was made by Delhi High Court Justice Swarana Kanta Sharma during the hearing of a case where a woman alleged that a man had blackmailed her and posted intimate videos of them online.
The case involves a married woman who was in a relationship with the accused man. The man had reportedly loaned her ₹3.5 lakh to pursue a beautician course.
The relationship developed into a romance, but the woman later found that the accused blackmailed her. He threatened to release intimate videos of them if she did not repay the amount he loaned to her. He also allegedly circulated these videos to people in her native village.
Furthermore, the accused allegedly morphed her daughter’s photos and spread false rumours of her being involved in sex trade. The woman received calls from individuals who had seen these manipulated images.
The woman filed a police complaint, and the accused was subsequently arrested.
During the court hearing, the accused denied the allegations and claimed the relationship was consensual.
However, Justice Sharma ruled that even with consensual sex, an individual does not have the right to record videos of private moments. Recording and disseminating private moments without consent constitutes a clear violation of privacy.
The court emphasised that the existence of these videos serves as evidence that the accused used them as a weapon to blackmail and manipulate the woman.
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