If a girl’s ex-boyfriend leaks or threatens to leak private videos or photos from before marriage, is a criminal offence under law?

If a girl’s ex-boyfriend leaks or threatens to leak private videos or photos from before marriage, it is a criminal offence under Indian law. This act falls under multiple sections of the Bharitya nayaya Shanita (BNS) and Information Technology (IT) Act, 2000.

1. Nature of Offence:

This conduct by the ex-boyfriend is illegal even if the photos/videos were taken with the girl’s consent before marriage. Consent to record or click a photo does not mean consent to share publicly.

⚖2. Relevant Offences & Sections:

Under the IT Act, 2000:

• Section 66E – Violation of Privacy:
  Publishing or transmitting images of private body parts without consent.
  • Punishment: Up to 3 years imprisonment and/or fine up to ₹2 lakh.
• Section 67 – Publishing Obscene Material:
  Uploading or sharing obscene content (including private pictures or videos).
  • Punishment: Up to 3 years and fine up to ₹5 lakh (first offence).
• Section 67A – Publishing Sexually Explicit Content:
  • Punishment: Up to 5 years and fine up to ₹10 lakh (first offence).
• Section 66C/66D – Identity theft/Impersonation:
  If he uses a fake profile to post such content.

 Under BNS:

• Section 77 – Voyeurism:
  Watching or capturing images of a woman in a private act and sharing it.
  • Punishment: 1 to 3 years (first offence), up to 7 years (repeat offence).
• Section 79 – Word, gesture or act intended to insult the modesty of a woman:
  • Punishment: Up to 3 years imprisonment and fine.
• Section 351 – Criminal Intimidation:
  If he threatens to leak content.
  • Punishment: Up to 2-7 years depending on threat.
• Section 356 – Defamation:
  If false or humiliating content is spread.
  • Punishment: Up to 2 years and fine.

3. What Legal Action the Girl Can Take:

Criminal Complaint:

• Lodge an FIR at the police station or file an online cybercrime complaint https://cybercrime.gov.in.
• The police may invoke both BNS and IT Act sections.

Injunction (Civil Remedy):

• She can approach a civil court or High Court seeking an injunction to restrain him or social media platforms from sharing the content.

Women’s Commission / NCW:

• Can also file a complaint before the National Commission for Women (NCW).

Conclusion:

Making private videos/photos viral before or after marriage without consent is a punishable cybercrime and the girl has full legal protection. She should:

1. File a police complaint or FIR immediately.
2. Report the matter on Cyber Crime portal.
3. Seek an injunction from a court to stop further circulation.