New Delhi. UP’s Purvanchal Express is in the headlines these days. This time the expressway is not because of the speed of the cars but because of a video made on it. This is not just any video but a video of a couple’s personal moments which is viral on social media. Now the question is being raised that who is responsible for this, the couple whose video was leaked because they too were in an objectionable condition in a public place or the assistant manager of the toll plaza who leaked this video.
In the eyes of the law, the couple whose video has been leaked is a victim because the crime against the couple is committed only when it can be proven that they have committed obscene acts in a public place and that act has been done intentionally in front of people. If someone secretly made a video of their private moments, then legally the couple would be considered victims, not accused. In fact, a toll plaza manager in Uttar Pradesh has been accused of recording private moments of passengers using CCTV cameras and blackmailing them to extort money. After these videos were leaked online, there was anger among the people and a formal complaint was sent to the Chief Minister.
The accused has been identified as Ashutosh Biswas, who was posted as Assistant Manager at Haliapur Toll Plaza located on Purvanchal Expressway in Sultanpur. The police have registered a case against him and after being accused, he has also been fired from his job. However, Biswas has denied these allegations and claimed that he has been framed. At present he is in police custody and is being interrogated. If it is proved that someone made the video of the couple without their consent, then Ashutosh will be considered the main accused. This is a direct violation of the right to privacy. This can also be taken into the category of sexual exploitation. Not only this, anyone who has shared the video on any social media platform like WhatsApp, Instagram, X, Telegram or Facebook can also be made an accused. In many cases the person who makes it viral becomes the biggest accused.
what is the matter
The matter came to light on Monday when several videos and a complaint letter were sent to Chief Minister Yogi Adityanath and the District Magistrate of Sultanpur. These videos had gone viral on social media. In a video, a newly married couple is seen having a private moment in their car, which was parked on the Purvanchal Expressway. According to the complaint, Ashutosh, who monitored the Anti Traffic Management System (ATMS), recorded the couple through CCTV cameras. They threatened him by showing him the video and extorted Rs 32,000 by threatening to make the video public. It is alleged that despite paying the money, accused Ashutosh made the video viral online.
What sections can be imposed on the accused?
- IT Act, 2000
According to Section 67, for posting obscene videos online, the accused can face 3 to 5 years in jail and a fine of Rs 5 to 10 lakh.
Under Section 67A, making a video of a sexual act can lead to 5 to 7 years in jail and a fine of up to ₹ 10 lakh. - Which sections can be imposed under the Indian Justice Code (BNS 2023)
– Under BNS 296, a person accused of spreading public obscenity can be punished with 3 months jail or fine.
– Under BNS 77, the charge of secretly making a video can lead to a jail term of 3 to 7 years.
– Under BNS 356, the victim can file a defamation case in which the accused can be sentenced to 2 years in jail.
– Under BNS 318, the accused can be sentenced to 2 to 7 years in jail for blackmailing or threatening.
What should couples do when this happens?
If the couple feels that someone has made a video of them and is extorting money by blackmailing them, then first of all they should go to the nearest police station and lodge an FIR. Not only this, complain about it to the cyber cell so that if its video is shared on any social media platform, it can also be banned. To stop that video on social media, approach the court so that the judge can stop it from being broadcast in any way.
What other revelations happened?
After the video went viral, a group of people who were allegedly blackmailed by Biswas came together and submitted a written complaint. He also presented evidence in support of his allegations. The complaint alleges that Biswas regularly monitored passengers as well as women and girls from nearby villages through CCTV cameras installed on the expressway. Not only this, he used to record their ‘obscene acts’ and collect money through these videos. After this revelation, the contract company operating the toll plaza has fired Biswas from his job. However, questions are being raised on the company’s actions. While the complainant group had filed the complaint on December 2, the company’s claim that it had already fired Biswas on November 30 has raised doubts about the timeline. Meanwhile, Biswas says that he is innocent and some colleagues have conspired against him. He claims that he has proof of his innocence.
