Neutral Citation Number: 2023:DHC:2806 Further, Rule 3(2)(b) is not a charging offence. It is only under Section 66E of the IT Act that violation of privacy of an individual is punished with imprisonment which may extend to three years or with fine not exceeding two lakhs, or with both. Section 66E has been reproduced as under: ―66E. Punishment for violation of privacy.–Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both. Explanation.–For the purposes of this section– (a) ―transmit means to electronically send a visual image with the intent that it be viewed by a person or persons; (b) ―capture, with respect to an image, means to videotape, photograph, film or record by any means; (c) ―private area means the naked or undergarment clad genitals, public area, buttocks or female breast: (d) ―publishes means reproduction in the printed or electronic form and making it available for public; (e) ―under circumstances violating privacy‖ means circumstances in which a person can have a reasonable expectation that– (i) he or she could disrobe in privacy, without being concerned that an image of his private area was being captured; or Signature Not Verified Digitally Signed By:SHAZAAD ZAKIR Signing Date:26.04.2023 17:19:50 W.P.(CRL) 1505/2021 Page 16 of 88