Hidden CCTV in a toilet or changing room: which law applies, and the penalty
Reviewed by Confidential Dispatch Editorial Team · Updated 28 Oct 2026 · 6 min read
Two laws apply. Section 66E of the Information Technology Act makes it a crime to capture an image of anyone’s private area without consent, with up to three years in jail, a fine of up to ₹2 lakh, or both. Where the person filmed is a woman, the voyeurism offence in the Bharatiya Nyaya Sanhita, 2023 (BNS) also applies: one to three years plus a fine, rising to seven years for a repeat offence. Sharing the footage adds further offences. Either way, it’s a police matter.
Educational resource only. This explains which laws apply to cameras in toilets, washrooms and changing rooms in India, the penalties they carry, and what to do if you find one; it is not formal legal advice.
The situation
You spot a camera, or something that looks like one, in a washroom, a changing area or a trial room: at work, in a rented flat, at a gym, a hostel or a shop. You know it shouldn’t be there. What you probably don’t know is which law it breaks, how serious the offence is, and whether the police will take it up.
Which law applies?
Two criminal laws cover it, and a third comes in if the footage is shared
- Section 66E of the Information Technology Act, 2000 (IT Act) makes it an offence to capture, publish or transmit an image of a person’s private area without their consent, in circumstances where they would reasonably expect privacy. It applies whoever the victim is, of any gender.
- Section 77 of the BNS (voyeurism) makes it an offence to watch or capture an image of a woman engaged in a private act where she would expect not to be observed. The law names using a lavatory as a private act, so a camera in a women’s washroom falls squarely within it. Getting someone else to do the watching or recording counts too.
- Sections 67 and 67A of the IT Act apply if the footage is then published or sent on electronically, as obscene or sexually explicit material.
If the person filmed is a child, the Protection of Children from Sexual Offences Act (POCSO) also applies, with far heavier penalties.
What’s the penalty?
Jail time is possible under every one of these provisions, and the voyeurism offence carries a minimum term
- IT Act Section 66E (capturing the image): up to three years in jail, a fine of up to ₹2 lakh, or both.
- BNS Section 77 (voyeurism), first conviction: at least one year and up to three years in jail, plus a fine.
- BNS Section 77, second or later conviction: at least three years and up to seven years in jail, plus a fine.
- IT Act Section 67 (publishing obscene material): up to three years and a fine of up to ₹5 lakh for a first conviction; up to five years and ₹10 lakh after that.
- IT Act Section 67A (publishing sexually explicit material): up to five years and a fine of up to ₹10 lakh for a first conviction; up to seven years and ₹10 lakh after that.
These add up. Someone who records a woman in a washroom and then shares the clip can be charged under the BNS for the recording and under the IT Act for both the recording and the sharing.
Can the police act on it straight away?
Yes. These are cognizable offences, so the police can register an FIR and investigate without first going to a court
Section 66E and a first offence under Section 77 are bailable, which means the accused can get bail as a matter of right; a repeat offence under Section 77 is not. That affects what happens after an arrest, not whether the police take the complaint. You don’t need to negotiate with the property owner first or prove that footage was shared.
Does it matter who installed it, or why?
No. Neither the installer’s identity nor their stated reason changes the answer
An employer citing theft prevention, a landlord citing property monitoring, a gym citing safety: none of these justifications survive once the camera is in a space where privacy is reasonably expected. The same holds for a family member or a flatmate. A personal relationship doesn’t create an exception to Section 66E or the BNS voyeurism offence.
If a business put it there, it has also broken its duties under India’s Digital Personal Data Protection Act, 2023 (DPDP Act), since footage of an identifiable person is personal data. But the criminal law is what you report it under.
What counts as a sensitive space beyond toilets?
Anywhere a person would reasonably expect to undress, bathe or otherwise be unobserved
Changing rooms, trial rooms in shops, and hostel or hotel bathrooms all get the same protection as washrooms. The law doesn’t work from a fixed list of rooms. It asks whether the space is one where a person has a reasonable expectation of privacy for their body.
- Lawful camera placement nearby: the corridor or entrance outside a washroom or changing room, common areas, reception desks.
- Never lawful, whatever the purpose: inside a washroom, changing room or any comparable space, hidden or visible.
What you can do about it
Treat it as a police matter from the start, and protect the evidence
- Don’t remove or tamper with the camera if you can avoid itThe device and what it recorded are evidence, and disturbing it can complicate the investigation.
- Photograph where it is and how it’s positionedWithout dismantling anything, before anyone has a chance to remove it.
- File a police complaint and ask for an FIRUnder Section 66E of the IT Act and, where the victim is a woman, Section 77 of the BNS.
- Report it on the cyber-crime portal(cybercrime.gov.in) or call the 1930 helpline, especially if you think footage may already have been shared or uploaded.
- Tell others who use the spaceIf it’s a shared washroom or changing area at work, a gym or a hostel, others may be affected too, and a complaint from several people carries more weight.
FAQ
What is the punishment for a hidden camera in a washroom in India?
Up to three years in jail, a fine of up to ₹2 lakh, or both, under Section 66E of the IT Act. If the person filmed is a woman, the BNS voyeurism offence adds one to three years plus a fine for a first conviction, and three to seven years for a repeat one. Sharing the footage brings further charges.
Is it still an offence if the footage was never shared?
Yes. Capturing the image is itself the offence under both Section 66E and Section 77. Sharing it adds separate offences on top.
What if the camera turns out to be fake or not working?
Report it anyway. You can’t tell from the outside whether a camera records, and the police can examine the device and anything it stored. Whether a dummy camera meets the “capturing” part of the offence is for the investigation to establish, not for you to judge on the spot.
Is it different if it’s a common changing area rather than a single cubicle?
No. The test is the reasonable expectation of privacy for the space, not how many people share it.
What if I’ve already found footage of myself online?
Report it to the police and the cyber-crime portal straight away. Publishing or sending on the footage is a separate offence from recording it, and the same reporting route applies whenever a private image is shared without your consent.
Every article is checked against the current law and the judgments it cites before it is published.
Updated 28 October 2026 · Not legal advice.
