Smile! You’re being filmed, but is it legal?
Have you ever seen a guy in Kurta running in road and shouting “This is the prank and here is the camera!” Well, welcome to the world of YouTube warriors, Instagram pranksters and accidental criminals.
In the age of reels and retakes, every content creator wants viral fame. So, what do they do? They hide behind a tree, scare some aunties with fake cockroaches, chase uncles with fake dogs or throw flour at strangers in the name of a “social experiment”. But here is the twist: while they are chasing likes…. the law might be chasing them because guess what? Recording someone without their consent, uploading it without permission and causing mental stress for fun might just turn that video from funny content to evidence in the court.
So, is public filming really legal in India?
Can pranksters roam free in the name of entertainment? Or
Will the next viral clip go to the court?
Let’s understand the law before the next fun turn into a debatable topic in the court.
What is Public Filming and why it is such a legal mess?
Public filming seems pretty straightforward at first glance i.e. recording someone or something in a public place. Simple, right? Well not really.
It includes things like:
· Vlogging in malls
· Recording reactions on a busy street
· Making prank videos in parks
· Taking public interviews or conducting “social experiments”
Basically, if you have witnessed someone yelling “It’s just a prank, bro!”, then congratulations you have seen public filming. But here’s where things get messy. Just because someone is in a public place doesn’t mean they have given you permission to record their face and upload it to the in the internet. This is where the line between public and private gets blurred.
Let’s break it down:
You are standing in a metro station waiting for your metro and suddenly someone jumps in front of you with a hidden camera and throws a fake lizard at you and your horrified reaction becomes part of a YouTube video titled: “Throwing fake lizards on people gone wrong” where your reaction is the main thumbnail for the video.
Funny? Maybe. But,
Legal? Not always.
Because even in public, your consent still matters. This is where pranksters move into the danger zone of violating someone’s privacy, dignity and mental peace.
What does Indian Law say about public film and pranks?
Usually, when someone is punished for a crime, two essential elements are considered i.e. mens rea (guilty mind) and actus rea (guilty act). In case of prank videos, it can be argued that the “guilty mind” is missing, since the intention is often entertainment not harm. However, such acts still fall under the penal provisions due to the legal doctrine of Res Ipsa loquitur, meaning: the thing speaks for itself. In simple terms, the harm caused by the prank is so obvious that the act alone becomes sufficient to invite legal consequences, even if there was no bad intention.
Imagine you are in a public place and someone films you without asking, uploads your face in a prank video and it goes viral.
You feel angry, violated, embarrassed. But is it actually legal?
Short answer: Yes, it can be.
Long answer: Let’s break it down by law.
1. Right to Privacy (Fundamental Right)
Remember the Puttaswamy Case? The Supreme Court declared the Right to Privacy as a fundamental right under Article 21 of the constitution.[1] That means even in public spaces, you have the right to not be recorded without consent, especially if it affects your dignity or personal autonomy.
2. Indian Penal Code (IPC) Provisions
Let’s say a prank gets too real. The law kicks in with these sections-
· Section 268: Public Nuisance- If your prank annoys, disturbs or harms public peace then you are guilty of public nuisance. Example, scaring random people while they are standing at red light.[2]
· Section 294: Obscene acts in public- If your videos involve vulgar language, gestures or actions then this section applies.[3]
· Section 499: Defamation- Uploading someone’s video without consent and hurting their reputation.[4]
· Section 354D: Stalking- Filming someone repeatedly (especially women) without permission can be seen as stalking.[5]
· Section 503: Criminal Intimidation- If someone is genuinely scared or threatened by your “prank” then congratulations you are now under the act of criminal intimidation.[6]
3. Information Technology Act, 2000
· Section 66E: Violation of Privacy- If you capture or publish someone’s private parts or actions, even unintentionally without consent then that’s punishable with an imprisonment of up to 3 years and a fine up to Rs. 2 lakhs or both.[7]
· Section 67: Obscene content in electronic form- If your prank has anything obscene and it’s uploaded then it comes under the ambit of cyber offence.[8]
In 2021, a Delhi based YouTuber who used to scare people with fake bombs was arrested under public nuisance and IT Act charges. The moral of the story here is “it’s all fun and games until someone’s files an FIR”.
Why Consent is King even in Public?
One of the most common arguments put forward by content creators is “but it was a public place”.
Just because someone is in a public place does not mean they have given you a free hand to film or publish their reactions online. Being in a park, market, metro station or cafe does not mean that your right to privacy disappears. In fact, the Supreme Court of India clearly stated in the landmark case of Justice K.S. Puttaswamy v. Union of India (2017) that:
“A person’s being in a public place does not take away or extinguish privacy.”[9]
Even in public, your face, emotions, reactions, voice and especially your personal dignity are protected.
So, when does filming become a problem? Simply,
· Recording without asking and uploading,
· Chasing someone with a mic or camera,
· Filming emotional or embarrassing reactions for content.
Under Indian Law, lack of consent can trigger:
Violation of privacy (IT Act- Section 66E)
Criminal Intimidation (IPC 503)
Stalking (IPC 354D)
Mental harassment leading to legal notice or police complaint.
Therefore, consent is not just a moral courtesy, it’s a legal necessity. No matter how “funny” and “harmless” your prank looks on camera, if the other person didn’t agree to it, you could be legally wrong.
Real Life Prank Incidents That Went Wrong
In the age of YouTube stardom and viral reels, some pranksters have crossed the line and ended up facing more than just social backlash.
Here are a few real Indian cases where pranks turned into police cases and creators learned the hard way that the law doesn’t find everything funny:
1. The “Fake Bomb Prank” where Delhi YouTuber was Arrested (2021)
A Delhi based Youtuber named Aarif Khan uploaded a rank video where he placed fake bombs in public places to scare people. His idea was just to capture panic for laughs but what did it resulted in? He was arrested by Delhi police under charges of public nuisance, causing fear and endangering public safety.
2. “Kissing Strangers” Prank where Mumbai YouTuber faces FIR (2018)
In another controversial video, a Mumbai based prankster attempted to kiss random girls in public under the name of “social experiment”. The video went viral for all the wrong reasons.
One of the women filed a police complaint and the YouTuber was booked for sexual harassment.
· IPC Section 354: Assault or criminal force on a women with the intent to outrage her modesty.
· IPC Section 509: Word, gesture or act intended to insult modesty of a women.
He later took down the video and issued an apology but the legal consequences didn’t vanish.
These cases show one clear message i.e. “harmless fun” can quickly turn into legal harm especially when it involves fear, harassment or mental trauma.
The Ethical Dilemma of Prank Culture
Sure, the law has said but what about basic human decency? Even if a prank doesn’t land you in jail, does that make it right? Today’s prank culture often blurs the line between entertainment and exploitation. The most extreme the reaction, the more viral the video. But at what cost?
Let’s ask some real questions
· Is it okay to humiliate a stranger just for “views”
· Can causing fear, embarrassment or emotional trauma ever be justified because “it’s just a content”?
· Have we become so obsessed with clout that we’ve forgotten compassion?
Real people and Real impact
· On seeing that person who got scared and ran from the fake lizard, you laughed but what if they might have had a panic attack?
· By that girl who was randomly filmed and posted online without her consent might helped you to get followers but what about the harassment she had to face in her DM’s.
Not everyone that gets likes is worth doing. Some “pranks” are nothing more than harassment disguised as humour.
In the race to trend, creators are constantly chasing the next “shock factor”. This leads to:
· Escalation of risky behaviour.
· Ignoring the emotional aftermath on victims
· Creating a toxic environment for younger creators who think this is the norm.
Humour is powerful but so is empathy, and when creators forget the balance, entertainment becomes exploitation.
I am not saying all prank content is bad. Many creators do it responsibly with clear consent, fun energy and no harm. But every creator has a choice i.e. “Go viral for the right reasons or regret it for the wrong ones”.
Conclusion
In a time, when every phone is a camera and every moment has the potential to go viral, creating content is no longer a hobby, it is actually a responsibility. While public filming and prank videos may start with a laugh, they can easily lead to legal complications, emotional distress or worse i.e. harming someone's dignity. The legal system in India has made it clear that private ownership will not be trumped by public. Consent is not a prerogative, it is a boundary and when makers cross that line, the price is paid not just in the courts but in public trust as well.
So, here's the reality check for every aspiring content creator, if your camera needs someone else's discomfort to flash, maybe it's time to rethink the script. In the end, it's not about stifling creativity, it's about enhancing it. Create content that entertains without infringing. Make people laugh without hurting them and remember, the true mark of a good creator isn’t just how viral they go, but how responsible they are.
References
[1] Justice K.S. Puttaswamy v. Union of India (2017) 10 SCC 1
[2] Indian Penal Code, 1860 Section 268
[3] Indian Penal Code, 1860 Section 294
[4] Indian Penal Code, 1860 Section 499
[5] Indian Penal Code, 1860 Section 354D
[6] Indian Penal Code, 1860 Section 503
[7] Information Technology Act, 2000 Section 66E
[8] Information Technology Act, 2000 Section 67
[9] Justice K.S. Puttaswamy v. Union of India (2017) 10 SCC 1