‘Spectators to human dignity violation’: Judges lament digital crimes against women

5 min readNew DelhiJul 15, 2026 05:38 PM IST

The court said that they are no longer

asked merely to evaluate descriptions, they are now compelled to watch the violence itself. (AI-generated image)

Urging young women to exercise caution while sharing intimate photographs or videos through electronic means, the Madras High Court has upheld a man’s conviction for sexually exploiting women through non-consensual recordings and blackmail. The court said that such content can be misused despite assurances of affection, trust, and confidentiality.

A bench of Justice N Anand Venkatesh and Justice K K Ramakrishnan observed that the digital era has shattered the protective wall, and judges no longer just have to analyse the description but have to consume explicit content that captures the offence itself.

“The machinery of justice cannot treat its human beings like unfeeling computers. If we continue to ignore the mental and neurological toll of this digital age, we will end up with burnt-out, traumatised, and emotionally numbed investigators, lawyers, and judges,” the July 14 order noted.

The court said that in this case, a woman investigating officer had to sit through nearly 60 files of hardcore, perverted material to locate the single item relevant to the survivor. It said the criminal justice system is forcing officers to witness violations of a person’s dignity.

The bench added, “From the very dawn of human civilisation, it has been recognised that modesty and privacy are integral to human dignity. The Biblical account of Adam and Eve symbolically reflects this truth: after becoming conscious of their nakedness, they covered themselves with leaves, signifying the innate human instinct to preserve personal privacy and modesty.”

Justices N Anand Venkatesh and K K Ramakrishnan heard a matter over digital exploitation on July 14.

‘Obscene recordings’

The accused was facing investigation in an earlier case related to cybercrime registered in 2020, and during the investigation on October 27, 2020, he was arrested on disclosure of an iPhone 11 which was used to record obscene photographs and videos of several women, including the complainant in the present matter. Later, his father was also made an accused in the case and arrested after recovery of his laptop. The investigation was transferred to the Crime Branch-Crime Investigation Department.

After the investigation, the police established that the accused was involved in the offence, and additional charges were added. The witnesses were examined, and electronic devices were seized for forensic examination; the police filed a chargesheet on January 25, 2021.

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The trial court framed charges, but the accused denied all allegations and claimed that he was falsely charged. The court convicted him of repeated rape, cheating, sexual harassment, using obscene words, voyeurism and violating privacy under the Information Technology Act. The accused has challenged his conviction before the high court.

Senior Counsel V Kathirvelu appearing for the accused, submitted that the survivor was subjected to pressure and harassment by the investigating agency and was compelled to lodge the present complaint by them. He added that, consequently, the very genesis of the prosecution case is doubtful.

He also submitted that even assuming the prosecution version is accepted in its entirety, the evidence would only indicate that the survivor was a consenting participant in the relationship, and also allowed recordings of the photographs. The counsel prayed that the appellant be extended the benefit of doubt and acquitted of all the charges

Additional Public Prosecutor G Karuppasamy Pandian on behalf of the survivor argued that she remained under constant fear and intimidation throughout the relevant period, as threats were made by the accused to several other survivors as well. The counsel submitted that despite such intimidation, the survivor lodged the complaint and withstood an extensive and searching cross-examination.

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The counsel submitted that even the trial court noted that the survivor had suffered physical injuries and harassment during the commission of the sexual assaults. Therefore, the prosecution has satisfactorily explained the delay and has proved the charges beyond reasonable doubt.

Madras HC's Stark Warning On Digital-Age Sexual Exploitation

What The Court Observed

1

Core appeal to women: "No matter how deep the affection, trust, or promise of confidentiality," intimate images should never be shared electronically — once out of one's control, misuse is irreversible

2

Protective wall shattered: "We are no longer asked merely to evaluate descriptions, we are now compelled to watch the violence itself"

3

Scale of the evidence: Investigators recovered 355 nude/semi-nude videos and over 1,000 obscene photographs depicting hundreds of victimised women

4

Investigator's ordeal: A woman IO had to sift through nearly 60 files of hardcore material to find the single item relevant to the case; prosecutors, defence and judges then face the same images

5

Unnatural burden: The system now forces officers to become "repeatedly and retrospectively, spectators to the violation of human dignity"

6

No mitigating factor: Court finds a "high degree of premeditation, cruelty and moral depravity" in the accused's conduct, upholding the sentence with no reduction

7

On delayed reporting: Court finds no unnaturality in the survivor's delay — human conduct varies, and hesitation is a natural consequence of fear, shame, trauma and social stigma

8

Modus operandi flagged: Courts won't permit offenders to lure women seeking employment with false promises of love and career, then subject them to abuse and blackmail via non-consensual recordings

9

The neuroscience: Mirror neurons — the biological substrate of empathy — fire similarly whether we experience an event or merely observe it

10

Brain can't tell the difference: The human brain cannot truly distinguish a real traumatic event from a high-definition video of that same event on a screen — logic says "just evidence," but deeper evolutionary brain regions feel a live assault is unfolding

Scroll for all 10 observations ↕

‘355 nude videos, more than 1000 obscene photos’

The trial court, in particular, took into account the incriminating materials recovered during the investigation, including 355 nude and semi-nude videos and more than 1,000 obscene photographs depicting hundreds of young women who had allegedly been victimised by the accused.

The court said that human conduct varies according to circumstances, and hesitation or delay in reporting sexual offences is often the natural consequence of fear, shame, trauma and social stigma. Therefore, this court finds no unnaturality in the conduct of the survivor.

The court observed that it cannot permit such an offender to exploit women seeking employment by luring them with false promises of love and career opportunities, only to subject them to repeated sexual abuse and blackmail through non-consensual recordings, and dismissed the plea. It added that the conduct of the accused reveals a high degree of premeditation, cruelty, and moral depravity. In these circumstances, no mitigating factor is found warranting any reduction of the sentence imposed upon the accused.

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The courts, as guardians of the rule of law, have a solemn responsibility to ensure that victims of sexual offences receive effective legal protection and that the criminal justice system responds appropriately to offences facilitated by modern technology.

The court noted that the exponential growth of digital communication and the use of social media has undoubtedly enriched human interaction; however, it has also created opportunities for exploitation through deception, emotional manipulation, coercion, non-consensual recording of intimate images, and threats of their dissemination. Awareness, vigilance and timely reporting of such offences are indispensable to prevent victimisation.

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Somya Panwar works with the Legal Desk at The Indian Express, where she covers the various High Courts across the country and the Supreme Court of India. Her writing is driven by a deep interest in how law influences society, particularly in areas of gender, feminism, and women’s rights.

She is especially drawn to stories that examine questions of equality, autonomy, and social justice through the lens of the courts. Her work aims to make complex legal developments accessible, contextual, and relevant to everyday readers, with a focus on explaining what court decisions mean beyond legal jargon and how they shape public life.

Alongside reporting, she manages the social media presence for Indian Express Legal, where she designs and curates posts using her understanding of digital trends, audience behaviour, and visual communication. Combining legal insight with strategic content design, she works on building engagement and expanding the desk’s digital reach.

Somya holds a B.A. LL.B and a Master’s degree in Journalism. Before moving fully into media, she gained experience in litigation and briefly worked in corporate, giving her reporting a strong foundation. ... Read More

Tags:

cybercrime

digital era

sexually assault