Introduction 

Recent landmark case addresses the growing menace of non-consensual intimate imagery (NCII) where private photos and videos are shared online without consent. The Madras High Court has taken a progressive stance in protecting victims' dignity and privacy while directing authorities to create systematic solutions. The case of X v. Union of India and Ors. (2025) represents a significant step toward establishing comprehensive legal and technological frameworks to combat cyber harassment against women. 

Fact of the X v. Union of India and Others (WP 25017 of 2025) 

• A young woman advocate who filed a petition seeking help to remove her intimate photos and videos that were uploaded online without her consent by her former partner. 
• The victim's intimate images and videos were shared online without her permission by her former partner. 
• The content kept reappearing on multiple websites even after initial removal attempts. 
• The victim approached the Madras High Court for protection and removal of the content. 
• The Ministry of Electronics and Information Technology (MeitY) was directed to take down all such content within 48 hours. 
• The Ministry informed the court that controlling the spread was not possible unless entire websites were blocked. 
• The court subsequently ordered blocking of entire websites hosting such content. 
• Despite blocking efforts, the content resurfaced on 39 new websites. 
• The case highlights the broader issue of non-consensual intimate imagery (NCII) affecting many women across India. 

Court Directions and Orders 

To Ministry of Electronics and Information Technology (MeitY): 

• File detailed affidavit explaining steps taken to address NCII cases. 
• Provide a clear prototype/guideline for victim girls on how to handle such situations. 
• Ensure content does not resurface on websites. 
• Implement technology solutions like Hash Matching and AI-based content recognition tools. 
• Block entire websites hosting such content when necessary. 

To State Police Department: 

• Remove victim's name from FIR and all investigation documents immediately. 
• Ensure only female police officers handle such cases, preferably those trained in cybercrime. 
• Follow new guidelines for handling NCII complaints issued via circular dated July 13, 2025. 
• Show greater sensitivity when dealing with victims of such crimes. 

Key Police Guidelines Issued: 

• Guide victims to report directly to hosting platforms. 
• Help victims use takedown request mechanisms (DMCA, Privacy Policy, Report Abuse). 
• Assist with Google search result removal requests. 
• Use platforms like StopNCII.org for preventing content spread. 
• Forward cases to State Nodal Officer for formal takedown requests

Legal Provision Related to Cyber Harassment of Women

Indian Penal Code (IPC, 1860) - Section 354 Provisions 

Section 354A - Sexual Harassment: 

• Demanding sexual favors from a woman is punishable under law. 
• Displaying objectionable pictures against a woman's consent is a criminal offense. 
• Making sexual remarks towards women constitutes sexual harassment. 
• Punishment includes imprisonment up to 3 years with fines. 

Section 354C - Voyeurism: 

• Photographing a woman engaged in private acts without her consent is illegal. 
• Publishing pictures of women in private circumstances without permission is punishable. 
• The offense carries imprisonment from 3 to 7 years. 
• Offenders are also liable to pay fines along with imprisonment. 

Section 354D - Stalking: 

• Contacting a woman online despite her evident disinterest is considered stalking. 
• Sending irrelevant emails or messages to women against their will is punishable. 
• Persistent unwanted digital communication constitutes cyber stalking. 
• Punishment includes imprisonment from 3 to 5 years with fines. 

Bharatiya Nyaya Sanhita (BNS, 2023)  

Equivalent Provisions: 

• Section 75, 77, and 78 of BNS contain similar provisions as IPC Section 354. 
• These sections maintain the same punishments for sexual harassment, voyeurism, and stalking. 
• The BNS serves as the updated legal framework replacing the IPC provisions. 
• All cyber harassment crimes against women remain punishable under the new code. 

Information Technology Act, 2000 - Key Provisions 

Section 66C - Identity Theft: 

• Cyber hacking and identity theft are punishable offenses. 
• Fraudulent use of another person's digital identity is illegal. 
• Punishment includes imprisonment up to 3 years. 
• Offenders are liable to pay fines up to Rs. 1 lakh. 

Section 66E - Privacy Violation: 

• Capturing pictures of women without consent violates privacy laws. 
• Publishing private images of women in compromising circumstances is illegal. 
• Sending or transmitting such pictures without permission is punishable. 
• The offense carries imprisonment up to 3 years. 

Section 67A - Sexually Explicit Content: 

• Publishing sexually explicit content online is illegal. 
• Transmitting obscene material in electronic form is punishable. 
• The offense specifically targets content that degrades women. 
• Punishment ranges from 5 to 7 years of imprisonment. 

Additional Legal Frameworks 

Cyber Crime Prevention Act, 2012: 

• Focuses on preventing cybercrimes against women. 
• Provides mechanisms for prosecuting offenders involved in privacy violations. 
• Addresses crimes affecting confidentiality and integrity of information. 
• Covers computer-related criminal activities targeting women. 

Indecent Representation of Women (Prohibition) Act, 1986: 

• Regulates and prohibits indecent representation of women through media. 
• Covers audio-visual media and electronic content. 
• Applies to material distributed on the Internet. 
• Prohibits degrading portrayal of women over web platforms. 
• It extends to all forms of publications and digital content. 

Conclusion 

This case marks a crucial judicial intervention in addressing the digital violence faced by women through non-consensual sharing of intimate content. The court's comprehensive approach combining legal remedies, technological solutions, and systemic reforms demonstrates a holistic understanding of the problem. The emphasis on victim-sensitive procedures and anonymous reporting mechanisms reflects the court's commitment to protecting women's dignity while ensuring access to justice in the digital age.