Is it legal to screen-record or take screenshots of someone's private chat without their consent?

Question

I want to know if secretly recording someone's video call or screen-recording their private chats without telling them is legal in India. I would rather settle this without going to court if the law allows it, but I need to know my rights before I sign anything. Please tell me what to do first and what document to keep.

MyVakeel Legal Desk · Accepted Answer

Under Indian law, Information Technology Act, 2000 – Section 66E is the starting point for this cyber law question. What follows is the position in substance, together with the steps that usually make the difference in practice.

Recording or capturing images/video of a person's private act or private communication without their consent, where they had a reasonable expectation of privacy, violates Section 66E of the IT Act, punishable with imprisonment up to 3 years and fine up to Rs 2 lakh.

This is separate from simply saving your own conversation with someone (which is generally permissible since you are a party to it) versus covertly recording someone else's private activity or communication you are not meant to have access to, which raises privacy concerns.

If the recording is later used to threaten, blackmail or harass the person, additional offences apply — extortion under Section 308 BNS, or voyeurism under Section 77 BNS if done for sexual gratification.

Using such recordings as evidence in a legal proceeding (e.g., a matrimonial dispute) is a separate question from criminal liability for the act of recording — courts have sometimes admitted such evidence under the Bharatiya Sakshya Adhiniyam while still allowing the other side to raise privacy objections or counter-complaints for the manner of collection.

If you are a victim of covert recording, you can file a complaint under Section 66E IT Act and request the recording device/account be seized as evidence during investigation.

Practical steps: 1) Avoid covertly recording someone's private communication or activity without consent; 2) If you are a victim, preserve any proof that the recording happened and file a complaint under Section 66E IT Act; 3) Consult a lawyer before using any covert recording as evidence in litigation; 4) Report to cybercrime.gov.in if the recording is being used to threaten or blackmail you.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — remedies under Information Technology Act, 2000 – Section 66E carry limitation periods, and unexplained delay 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 cyber law.