My neighbour's CCTV camera is facing directly into my house, is this legal?

A neighbour installed a CCTV camera that captures views inside my home or private balcony without my consent. I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

My neighbour's CCTV camera is facing directly into my house, is this legal? is governed in India primarily by Information Technology Act, 2000 – Section 66E, Constitution of India – Article 21 (right to privacy) and Bharatiya Nyaya Sanhita, 2023 – Section 77 (voyeurism). The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

The Supreme Court in K.S. Puttaswamy v. Union of India (2017) held privacy to be a fundamental right under Article 21, and courts have applied this to strike down CCTV placements that capture private spaces of neighbouring properties without consent.

Section 66E of the IT Act punishes capturing or transmitting images of a person's private area or private act without consent with imprisonment up to 3 years and fine up to Rs 2 lakh, if the footage captures private moments inside your home.

If the footage is used to watch you without consent for sexual gratification, Section 77 of the Bharatiya Nyaya Sanhita, 2023 (voyeurism) can additionally apply.

You can also seek a civil injunction from the local civil court directing the neighbour to reposition or remove the camera, on the ground of nuisance and invasion of privacy, without necessarily needing to prove a criminal offence.

Housing society bylaws often separately regulate CCTV placement in common areas — raise it with the RWA/society management first, as many disputes get resolved without litigation.

What to do next: 1) Politely request the neighbour in writing to reposition the camera; 2) Raise the issue with the RWA/housing society management; 3) File a complaint with local police citing invasion of privacy/Section 66E; 4) Consult a lawyer for a civil injunction if the issue persists.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Information Technology Act, 2000 – Section 66E carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.

Disclaimer: This information is for general awareness and does not constitute legal advice. Statutes and their interpretation change, and outcomes depend on the facts of your case. Please consult a qualified advocate before acting on it.