If a colleague has been taking photographs at the office without permission, you may feel uncomfortable, watched, or even unsafe at your workplace. Let me give you a clear answer at the outset. Not every photograph taken at work is illegal, because offices are shared spaces and some photography is ordinary and harmless. However, a colleague can be held liable, both at work and under criminal and civil law, if the photographs are taken in a private context, are sexual or intrusive in nature, are part of a pattern of harassment, or are shared, morphed, or misused. Indian law, including the Sexual Harassment at Workplace Act, the Bharatiya Nyaya Sanhita, and the Information Technology Act, gives you real remedies. This guide explains when liability arises and what steps you can take.

Let me begin with your constitutional rights. In Justice K.S. Puttaswamy v. Union of India (2017), the Supreme Court held that privacy, including the right to control information about oneself and one's image, is a fundamental right under Article 21 of the Constitution. In R. Rajagopal v. State of Tamil Nadu (1994), the Court recognised the "right to be let alone" as part of personal liberty. In Vishaka v. State of Rajasthan (1997), the Court recognised that every woman has a right to a safe workplace, free from sexual harassment, under Articles 14, 15, 19(1)(g), and 21.

At the same time, the law does not ban all photography in shared spaces. An office is not a fully private space like your home, and taking a group photo at a team event or a picture of a workspace may not violate any law. The key questions are: what was photographed, where, why, whether you objected, and what was done with the images. The answers determine whether there is liability under workplace rules, criminal law, or civil law.

Let us start with the most serious situation: intimate or private images. Under Section 77 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced Section 354C of the Indian Penal Code from 1 July 2024, voyeurism includes watching or capturing the image of a woman engaged in a private act in circumstances where she would usually expect not to be observed. The punishment is imprisonment of one to three years and a fine on first conviction, and three to seven years on a subsequent conviction. Photographing a colleague in a washroom, changing room, or similar setting falls squarely within this provision.

Section 66E of the Information Technology Act, 2000 provides gender-neutral protection. It punishes anyone who intentionally captures, publishes, or transmits the image of a private area of any person without consent, in circumstances violating privacy. The punishment is imprisonment of up to three years, a fine of up to two lakh rupees, or both. This provision protects men, women, and transgender persons equally, which is important because some BNS provisions apply only where the victim is a woman.

Now let us consider photographs that are not intimate but are sexual or harassing in nature. Under Section 75 of the BNS (formerly Section 354A IPC), sexual harassment includes unwelcome physical contact and advances, demands for sexual favours, showing pornography against a woman's will, and making sexually coloured remarks. If a colleague repeatedly photographs a woman's body in a suggestive way, zooms in on particular parts, or accompanies photographs with sexual comments, the conduct may amount to sexual harassment.

Persistent photographing can also amount to stalking. Under Section 78 of the BNS (formerly Section 354D IPC), stalking includes following a woman and repeatedly contacting her despite a clear indication of disinterest, and monitoring her use of the internet or electronic communication. If a colleague keeps photographing a woman, following her around the office, and continuing despite her objection, this may cross into stalking, which is punishable with up to three years on first conviction.

Gestures or acts meant to insult a woman's modesty are also punishable. Under Section 79 of the BNS (formerly Section 509 IPC), whoever intending to insult the modesty of a woman makes any gesture or exhibits any object, intending that it be seen by her, or intrudes upon her privacy, can be punished with imprisonment of up to three years. Pointing a camera at a woman in an intrusive or mocking way, or intruding upon her privacy with photographs, may fall within this provision.

What a colleague does with the photographs can create further liability. If the photographs are shared in office groups with insulting comments or false claims that damage your reputation, defamation under Section 356 of the BNS may apply. If the photographs are morphed into obscene or sexually explicit images, Sections 67 and 67A of the IT Act apply, with punishment of up to three and five years respectively on first conviction. If the colleague threatens to share the photographs to pressure you, criminal intimidation under Section 351 or extortion under Section 308 of the BNS may apply.

Now let us look at the workplace remedy, which is often the most practical starting point. Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), Section 2(n) defines sexual harassment to include any unwelcome physical, verbal, or non-verbal conduct of a sexual nature. Section 3 recognises that creating an intimidating, hostile, or offensive work environment can amount to sexual harassment. Unwelcome photography of a woman with a sexual undertone falls within these definitions.

Under Section 4 of the POSH Act, every employer with ten or more employees must constitute an Internal Committee. Under Section 9, an aggrieved woman can file a written complaint, generally within three months of the incident or the last in a series of incidents, extendable by another three months for sufficient reasons. Where the organisation has fewer than ten employees, or the complaint is against the employer, the complaint goes to the Local Committee. The Ministry of Women and Child Development's SHe-Box portal also allows online complaints.

The POSH process provides real protection. Under Section 11, the Internal Committee inquires into the complaint and must complete the inquiry within ninety days. Under Section 12, during the inquiry, you can request interim relief, such as transfer of yourself or the colleague, or leave. Under Section 13, if the allegation is proved, the employer must take action for misconduct as recommended by the committee. Under Section 15, the committee can also recommend compensation, which may be deducted from the colleague's salary.

Employers have a duty to provide a safe workplace. Under Section 19 of the POSH Act, employers must provide a safe working environment and assist in pursuing criminal complaints where the conduct amounts to an offence. In Medha Kotwal Lele v. Union of India (2013) and Aureliano Fernandes v. State of Goa (2023), the Supreme Court emphasised that employers must implement the POSH framework effectively, including properly constituted committees. An employer who ignores your complaint may itself be in breach of the law.

What if you are a man, or the photography is not sexual in nature? The POSH Act protects women specifically, but you still have remedies. Most organisations have codes of conduct, anti-harassment policies, and IT or photography policies that apply to all employees. Unauthorised photography can be a disciplinary matter under these policies or under service rules and standing orders. You can file a grievance with HR or your manager, and criminal provisions such as Section 66E of the IT Act, defamation, and criminal intimidation apply regardless of gender.

Workplace photography also raises data protection questions. The Digital Personal Data Protection Act, 2023 regulates the processing of personal data, which includes photographs that identify a person. As its provisions are brought into force, employers processing employee images must follow its requirements, although the Act permits certain uses for employment purposes. The Act generally excludes processing by individuals for purely personal or domestic purposes, so its direct application to a colleague's personal photos may be limited, but it strengthens the expectation that organisations handle images responsibly.

Deciding whether to approach HR, the Internal Committee, or the police can be difficult, especially when you still have to work with the person involved. If you would like confidential guidance, the team at Aapka Legal Advice can review what happened and help you choose the right forum. If the conduct amounts to a criminal offence, experienced Top Criminal Lawyers in India | Aapka Legal Advice can assist with the police complaint and any court proceedings. You may also seek an independent view from our panel of retired judges, who understand both workplace and criminal remedies and work closely with our criminal lawyers to recommend the most effective approach.

Let me now explain the practical steps you can take. The first step is to preserve evidence. If you saw the colleague taking photographs, note the date, time, place, and any witnesses. If the photographs were shared in messages or groups, take screenshots showing the sender, the group, the date, and any comments. Ask colleagues who saw the photographs to preserve copies. Electronic evidence must later be supported by a certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023, as held in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020).

The second step, where you feel safe doing so, is to object clearly. You can tell the colleague, preferably in writing such as an email, that you do not consent to being photographed and ask them to delete any photographs they have taken. A clear objection is important because it removes any doubt about consent and can be crucial in stalking and harassment cases. If you feel uncomfortable confronting the colleague directly, you can go straight to HR or the Internal Committee instead.

The third step is to report internally. File a written complaint with your manager, HR, or the Internal Committee, describing the incidents and attaching your evidence. Under POSH, the complaint should be in writing, and if you are unable to write it, the Committee must assist you. Keep copies of everything you submit. Ask for an acknowledgement and follow up if you do not receive a timely response.

The fourth step, where the conduct is serious, is to report to the police. Voyeurism under Section 77, stalking under Section 78, and offences under Section 66E of the IT Act are cognizable, so the police must register an FIR under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), as held in Lalita Kumari v. Government of Uttar Pradesh (2014). Under the proviso to Section 173(1), a woman's complaint of such offences should be recorded by a woman police officer. You can also report online at cybercrime.gov.in.

If the police refuse to register your complaint, you can escalate. Under Section 199 of the BNS, a public servant who fails to record information about specified sexual offences against women can be punished. You can write to the Superintendent of Police under Section 173(4) of the BNSS, or approach the Magistrate under Section 175(3). The police can seize the colleague's device and have it examined for the photographs, which is often decisive evidence.

If the photographs have been posted online, act quickly to get them removed. Under Rule 3(2)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, platforms must remove content that exposes a person's private area, shows them in a sexual act, or impersonates them, within twenty-four hours of a complaint by the affected person. For other objectionable content, you can use the platform's grievance process. Courts can also pass urgent orders directing removal.

Civil remedies give you additional protection. You can file a suit for a permanent injunction under Section 38 of the Specific Relief Act, 1963, and seek an urgent temporary injunction under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, 1908. The court can restrain the colleague from taking, sharing, or publishing your photographs. You may also claim damages for invasion of privacy, harassment, and mental distress.

You may worry about retaliation for complaining. The POSH Act protects complainants, and victimisation for filing a complaint can itself be raised before the Internal Committee. Under Section 16 of the POSH Act, the identity of the complainant, the respondent, and witnesses, and the details of the inquiry, must be kept confidential. If the colleague threatens you, that may amount to criminal intimidation under Section 351 of the BNS, which you can report to the police.

Now let us briefly consider the colleague's position, because fairness matters in every process. A colleague accused of improper photography is entitled to be heard before the Internal Committee and in any criminal proceedings. Taking a harmless photograph in a public area of the office, without any sexual or harassing intent and without misuse, may not amount to an offence. Under Section 14 of the POSH Act, action can be taken for a malicious complaint, but the Act expressly states that mere inability to prove a complaint does not make it malicious.

If a criminal case is filed against a colleague, they have the usual protections. Arrest is not automatic for offences punishable with up to seven years, under Section 35(3) of the BNSS and Arnesh Kumar v. State of Bihar (2014). They may seek anticipatory bail under Section 482 of the BNSS and, where allegations are baseless, quashing under Section 528. Constitutional rights under Articles 20(3), 21, and 22 apply throughout.

Some practical tips will help you through this. Be specific in your complaint, describing exactly what was photographed, when, and where. Avoid confronting the colleague aggressively or posting about the incident on social media, which could escalate the situation and create defamation risks. Keep communication professional and documented. If the situation is affecting your safety or mental health, ask for interim relief such as a change in seating or reporting line.

Please also look after your wellbeing. Being photographed without consent at work can leave you feeling anxious and exposed, and those feelings are valid. Talk to people you trust, and consider speaking with a counsellor. If you feel overwhelmed, the Tele-MANAS helpline at 14416 offers free, confidential support. Free legal aid is also available to women under Section 12 of the Legal Services Authorities Act, 1987, through the District Legal Services Authority or NALSA helpline 15100.

Let me summarise the position. A colleague is not automatically liable for every photograph taken at the office, but liability arises where photographs capture private acts or private areas, are sexual or harassing in nature, are taken persistently despite objection, or are shared, morphed, or used to threaten. Remedies include an Internal Committee complaint under the POSH Act, disciplinary action under company policies, criminal complaints under Sections 75, 77, 78, 79, and 356 of the BNS and Sections 66E, 67, and 67A of the IT Act, removal of online content, and civil injunctions and damages.

In conclusion, if a colleague is taking photographs at the office without permission in a way that violates your privacy or dignity, the law gives you strong tools to stop it and hold them accountable. Preserve your evidence, object clearly where safe, report internally to HR or the Internal Committee, and approach the police for serious conduct. Your right to a safe and respectful workplace is protected by the Constitution and by statute. With prompt action and sound legal advice, the problem of photographs at the office without permission can be addressed effectively, and anyone misusing photographs at the office without permission can be held fully responsible.