Publicly Available Instagram Photo Cannot Be Used Without Consent in
Comments on the post of Rajeev Ranjan Shahi and the Judgment dated 12.10.2026 of the High Court of Karnataka in Criminal Petition No.16549 of 2025 of Dheeraj G. Kunder and others Vs. The State of Karnataka and another
Identity Theft – Use of Photo in Public Domain & Consent – IT Act Offences
The complaint lodged by respondent No. 2 alleges that she was working as a lecturer at St. Philomina College, Puttur, and had an Instagram account. According to the complaint, unknown persons used her Instagram ID and a photograph available on that account to circulate an obscene video in a WhatsApp group named ‘Bad Boys’. Thereafter, the Instagram ID, photograph and video were circulated in other WhatsApp groups. Respondent No. 2 further alleged that she began receiving messages on her Instagram account in connection with the said circulation. On these allegations, she lodged the complaint, which resulted in registration of the crime.
The allegations in the complaint are not confined to the circulation of an ordinary photograph of respondent No. 2. The specific allegation is that a photograph available on her Instagram account was used in connection with an obscene video and that the video, along with her Instagram ID and contact details, was circulated in WhatsApp groups, including a group named ‘Bad Boys’.
The use of a publicly available photograph does not, by itself, authorise another person to misuse it, create an obscene or indecent video by associating it HC-KAR – 10 – NC: 2026:KHC:57298 CNR: KAHC010787262025 CRL.P No. 16549 of 2025 with the photograph, or circulate the resulting material along with the woman’s identity and contact details. A photograph posted by a person on a social media account for ordinary and legitimate purposes cannot be treated as consent to its use in obscene material or to the circulation of such material among others. 15. The alleged act of using the complainant’s photograph to create or circulate a fake obscene video, and then placing her Instagram ID and contact details before members of WhatsApp groups, is a serious allegation.
A perusal of Section 66-C indicates that whoever has fraudulently or dishonestly made use of electronic signature, password or any other unique identification feature of any other person, shall be punished with imprisonment or video description for a term which may extend to 3 years and shall also be liable to fine which may extend to ₹1,00,000/-. In the present case, it is the identification or the facial identification of the person which has been used, as also, the Instagram handle of the respondent No.2 has been shared in the various WhatsApp groups with a video showing the same facial features as respondent No.2.
perusal of Section 67 indicates that whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction.
