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

Question

A neighbour installed a CCTV camera that captures views inside my home or private balcony without my consent. Before I spend money on it, I want to know whether Information Technology Act, 2000 – Section 66E gives me a remedy here and what proof I would need. Any Section numbers I can quote when I write to them would be useful.

MyVakeel Legal Desk · Accepted Answer

Information Technology Act, 2000 – Section 66E, Constitution of India – Article 21 (right to privacy) and Bharatiya Nyaya Sanhita, 2023 – Section 77 (voyeurism) is what decides this question in India. Read it alongside the provisions named, because the 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 you are unsure whether your facts fall inside Information Technology Act, 2000 – Section 66E, that is worth checking with an advocate before you commit to a route, because switching later costs time. 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 cyber law.