Supreme Court Redefines Privacy in Digital Age
On December 7, 2025, the Supreme Court of India delivered a significant judgment that reshapes the understanding of privacy and decency in the digital era. The case originated from a 2020 FIR filed at Bidhannagar North Police Station in Kolkata, where Tuhin Biswas was accused under Section 354C of the Indian Penal Code for allegedly taking photos and videos of a woman without her consent.
The incident occurred on March 18, 2020, during a family dispute over property in CF Block, Sector 1, Salt Lake. The woman entered the property with others, and Tuhin Biswas recorded the scene. She later filed a complaint, alleging that her privacy and dignity were violated.
Police registered the case under IPC Section 354C, which deals with voyeurism, and submitted a chargesheet. However, the complainant refused to give a confidential statement before the magistrate. Tuhin Biswas then approached the Calcutta High Court seeking to quash the case, but his plea was rejected. He subsequently appealed to the Supreme Court.
The Supreme Court bench, comprising Justice N. Kotiswar Singh and Justice Manmohan, observed that the woman was not engaged in any private or intimate act. She was not in a bathroom or any situation where privacy is reasonably expected. She was in a public space, accompanied by others. Therefore, Section 354C does not apply in this context.
The court dismissed the case, stating that pursuing such charges would amount to misuse of the justice system and could dilute the seriousness of actual offenses. This ruling sets a precedent for future cases involving digital privacy and decency, emphasizing that context—such as location and activity—is crucial in determining whether a photo or video violates a person’s privacy or dignity.
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